Dealing With Debt Collectors in New York (2026)
Reviewed by DocDraft Legal Team · New York · Last updated August 13, 2026
This page covers what New York law adds to your federal rights when a debt collector contacts you. New York's Consumer Credit Fairness Act, effective April 7, 2022, cut the statute of limitations on most consumer credit debt to three years under CPLR 214-i, and it bars a later payment from reviving a time-barred debt. New York also caps ordinary wage garnishment (income execution) at 10 percent of gross earnings under CPLR 5231. Debt collectors that pursue New York City residents must hold a NYC Department of Consumer and Worker Protection license, and third-party collectors statewide must follow the Department of Financial Services rules at 23 NYCRR Part 1. Read this alongside the national FDCPA hub for the full picture.
What is the statute of limitations on debt in New York?
New York's Consumer Credit Fairness Act set a three-year limit for most consumer credit debt, such as credit cards, under CPLR 214-i, effective April 7, 2022. Other written contracts carry a six-year limit under CPLR 213(2). Once the period runs, a later payment does not revive the debt.
Can my wages be garnished for consumer debt in New York?
Yes, but only after a creditor gets a judgment and serves an income execution under CPLR 5231. The garnishment is capped at 10 percent of your gross earnings, and no more than 25 percent of disposable earnings. If your disposable pay is below 30 times the federal minimum wage, nothing can be taken.
How do I stop a debt collector from contacting me in New York?
Send a written cease-communication letter under 15 U.S.C. 1692c(c). Once the collector receives it, it must stop contacting you except to confirm it is stopping or to state it may sue. New York's DFS rules at 23 NYCRR Part 1 also let you designate a preferred contact method and time.
What can a debt collector not do to me in New York?
Beyond the FDCPA bans on harassment and false statements, a collector chasing a New York City resident must be licensed by the NYC Department of Consumer and Worker Protection and disclose its license number. Statewide, DFS rules bar a collector from suing or threatening suit on a debt whose limitations period has expired.
How New York regulates debt collectors and protects your income
New York layers strong consumer rules on top of the federal FDCPA. The Consumer Credit Fairness Act (Chapter 593 of the Laws of 2021), effective April 7, 2022, created CPLR 214-i, which gives consumer credit transactions a three-year statute of limitations and provides that a payment, written affirmation, or other activity on the debt after the period expires does not revive or extend it. Third-party collectors and debt buyers operating anywhere in the state must comply with the Department of Financial Services debt-collection rules at 23 NYCRR Part 1, which impose disclosure, substantiation, and communication duties, including telling you when a debt may be time-barred. Any collector pursuing a New York City resident must also hold a Debt Collection Agency License from the NYC Department of Consumer and Worker Protection (DCWP) and include its license number in collection communications. On the collection side, New York limits an ordinary income execution to 10 percent of gross earnings under CPLR 5231, one of the more protective wage caps in the country. You can complain to the New York Attorney General's Consumer Frauds Bureau or to DFS.
Relevant Laws
New York Statute of Limitations on Consumer Credit Debt, CPLR 214-i
Enacted by the Consumer Credit Fairness Act and effective April 7, 2022, this sets a three-year limitations period for actions arising out of a consumer credit transaction and provides that a later payment or affirmation does not revive or extend an expired period.
New York Statute of Limitations on Contracts, CPLR 213
Sets a six-year limitations period for an action upon a contractual obligation or liability, express or implied, which covers most written and oral contract debts that are not consumer credit transactions governed by CPLR 214-i.
New York Income Execution (Wage Garnishment), CPLR 5231
Governs income executions in New York and caps an ordinary wage garnishment at 10 percent of gross earnings, with no deduction if weekly disposable earnings fall below 30 times the federal minimum wage and an overall 25 percent disposable-earnings ceiling.
Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692
The core federal statute governing third-party debt collectors nationwide. It bars harassment (1692d), false or misleading representations (1692e), and unfair practices (1692f), and creates the debt validation right (1692g). New York's rules build on top of it.
Regional Variances
New York statute of limitations by debt type
Consumer credit transaction (credit cards, most consumer debt)
Three years under CPLR 214-i, effective April 7, 2022 under the Consumer Credit Fairness Act. A payment or affirmation after the period expires does not revive the debt. This shortened period displaces the older six-year rule for consumer credit debt.
Written contract (non-consumer-credit)
Six years under CPLR 213(2), which covers an action upon a contractual obligation or liability, express or implied. Use this period for contract debts that are not consumer credit transactions falling under CPLR 214-i.
Oral contract
Six years under CPLR 213(2). New York applies the same six-year contract period to oral agreements as to written ones, unless the debt is a consumer credit transaction governed by the three-year rule in CPLR 214-i.
Sale of goods / open account (UCC)
Four years under UCC 2-725 for a contract for the sale of goods. Many revolving or open accounts tied to consumer credit are instead governed by the three-year period in CPLR 214-i, so confirm which rule applies to your account.: confirm the exact New York classification of a specific open account before relying on a period.
Suggested Compliance Checklist
Confirm which New York limitations period applies to your debt
Within 5 days of first contact days after startingDetermine whether your debt is a consumer credit transaction (three years under CPLR 214-i) or another contract debt (six years under CPLR 213). Note the date of your last activity, and remember that under CPLR 214-i a payment after an expired period does not revive a consumer credit debt.
Send a written debt validation letter
Within 30 days of receiving the validation notice days after startingIf you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day FDCPA window. This forces the collector to stop collecting until it mails proof, and New York's 23 NYCRR Part 1 rules require substantiation on request.
Send a cease-and-desist letter if you want contact to stop
As soon as you decide to stop contact days after startingUnder 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may sue. New York DFS rules also let you set a preferred contact method. Keep proof of mailing.
Verify the collector's NYC DCWP license if you live in New York City
Ongoing days after startingA collector pursuing a New York City resident must hold a DCWP Debt Collection Agency License and disclose its license number. Check the license number against the DCWP records at nyc.gov and note any collector that fails to provide it, which can support a complaint.
File a complaint with the New York AG, DFS, or CFPB
Within 1 year of any FDCPA violation days after startingComplain to the New York Attorney General at ag.ny.gov/file-complaint/consumer or 1-800-771-7755, to DFS at 1-877-226-5697, or to the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about damages up to $1,000 plus fees.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm which New York limitations period applies to your debt | Determine whether your debt is a consumer credit transaction (three years under CPLR 214-i) or another contract debt (six years under CPLR 213). Note the date of your last activity, and remember that under CPLR 214-i a payment after an expired period does not revive a consumer credit debt. | debt-validation-letter | Within 5 days of first contact |
| Send a written debt validation letter | If you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day FDCPA window. This forces the collector to stop collecting until it mails proof, and New York's 23 NYCRR Part 1 rules require substantiation on request. | debt-validation-letter | Within 30 days of receiving the validation notice |
| Send a cease-and-desist letter if you want contact to stop | Under 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may sue. New York DFS rules also let you set a preferred contact method. Keep proof of mailing. | cease-and-desist-letter | As soon as you decide to stop contact |
| Verify the collector's NYC DCWP license if you live in New York City | A collector pursuing a New York City resident must hold a DCWP Debt Collection Agency License and disclose its license number. Check the license number against the DCWP records at nyc.gov and note any collector that fails to provide it, which can support a complaint. | - | Ongoing |
| File a complaint with the New York AG, DFS, or CFPB | Complain to the New York Attorney General at ag.ny.gov/file-complaint/consumer or 1-800-771-7755, to DFS at 1-877-226-5697, or to the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about damages up to $1,000 plus fees. | - | Within 1 year of any FDCPA violation |
Frequently Asked Questions
Credit card debt is generally a consumer credit transaction, so it falls under CPLR 214-i and has a three-year statute of limitations in New York, effective April 7, 2022 under the Consumer Credit Fairness Act. Before that change the period was six years. Once the three years run, a collector cannot lawfully sue you on the debt.
Not for a consumer credit debt whose limitations period has already expired. CPLR 214-i provides that a payment, or a written or oral affirmation, made after the period runs does not revive or extend it. This is a distinctive New York protection. For debts still within the period, though, be cautious before paying or acknowledging them.
An ordinary income execution under CPLR 5231 is capped at 10 percent of your gross earnings, and cannot exceed 25 percent of your disposable earnings. If your weekly disposable earnings are under 30 times the federal minimum wage, no deduction can be taken. Child support and certain other obligations can reach higher amounts under separate rules.
To collect from a New York City resident, a collector must hold a Debt Collection Agency License from the NYC Department of Consumer and Worker Protection (DCWP) and include its license number in communications, even if the business is outside the state. Statewide, third-party collectors and debt buyers must follow the Department of Financial Services rules at 23 NYCRR Part 1.
Yes. Under the federal FDCPA (15 U.S.C. 1692k) you can sue a collector within one year of a violation and recover actual damages, statutory damages up to $1,000, and attorney's fees. You may also complain to the New York Attorney General or DFS, which enforce New York's own collection rules. An attorney can help you evaluate a claim.
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