Your rights · New York
Debt & collections
Federal and New York law limit what debt collectors may do and say, give you the right to dispute a debt, and protect some of your income and bank funds from collection.
Debt collectors, validation letters, old debts and the statute of limitations, lawsuits over debts, judgments, garnishment, exempt income.
Your rights
What you're entitled to, who qualifies, how much and by when — each right with the section of law behind it.
- Your right to debt validation: what a collector must tell you and how to disputeA debt collector must give you a validation notice in its first message or within five days after it. The notice must show who the debt is owed to,…
- Debt collector harassment in New York: what collectors can't do and how to stop itDebt collectors may not harass, threaten or deceive you. They can't call before 8 a.m. or after 9 p.m. unless you agree, can't use threats or obscene…
- Wage garnishment in New York: how much of your paycheck a creditor can takeA creditor can garnish your wages in New York only after it has a court judgment against you. Even then, an income execution can take no more than…
- Exempt income in New York: money creditors can't take to pay a judgmentNew York and federal law protect many kinds of income from being taken to pay a money judgment. These include Social Security, SSI, public…
What to do now
Steps in order, for when it happened today.
- What to do nowGot a letter from a debt collector in New York? What to do in the first 30 daysDon't ignore the letter, and don't pay or promise anything until you have checked it. Under federal law, you have about 30 days after you receive the…
- What to do nowSued for a debt in New York? What to do now, step by stepDon't ignore the papers. If you don't answer in time, the creditor can get a default judgment and then freeze your bank account or take part of your…
Common situations
What the situation means, what usually decides it, and the ways to respond.
Questions people ask
A short, straight answer to one question, with the source.
- QuestionIs my old debt too old to sue on? New York's three-year limit for consumer credit debtIn New York, a creditor or debt buyer generally must start a lawsuit on a consumer credit debt — such as a credit card, personal loan or store card —…
- QuestionMedical debt in New York: time limits, credit reports, hospital aid and what can't be takenNew York gives medical debt extra protection. A hospital or licensed health care provider must sue within three years of treatment. Credit bureaus…
- QuestionCan a debt collector call me at work or contact my employer in New York?A debt collector may not contact you at work if it knows or has reason to know your employer doesn't allow those calls — and telling the collector so…
The official sources on this topic
Every page here rests on statutes, regulations and government sites. These are the ones that come up most on this topic:
- FDCPA § 1692k — civil liability(opens in a new tab)
- CPLR § 214-i — consumer credit actions must be started within three years(opens in a new tab)
- FDCPA § 1692g — validation of debts(opens in a new tab)
- FDCPA § 1692c — communication in connection with debt collection(opens in a new tab)
- CPLR § 213-d — medical debt actions within three years of treatment(opens in a new tab)
- N.Y. General Business Law § 601 — prohibited debt collection practices(opens in a new tab)
When you need an answer about your own situation
These pages explain the general rules. A first answer about your own situation is free; the full check confirms every legal point against the statute it cites, and a letter is written only on top of it.