New York Statute of Limitations on Debt (2026)
New York shortened its credit card statute of limitations to 3 years in 2021 under N.Y. CPLR §214-i (effective for causes of action accruing on or after April 7, 2022). This makes New York one of the most consumer-protective states for time-barred debt — tied with California's most aggressive debt buyers on the east coast. Other debt types vary: written contracts stay at 6 years (N.Y. CPLR §213), and promissory notes are also 6 years.
New York SOL by Debt Type
| Debt Type | SOL | NY Statute |
|---|---|---|
| Credit card (accrued after Apr 7, 2022) | 3 years | N.Y. CPLR §214-i |
| Credit card (accrued before Apr 7, 2022) | 6 years | N.Y. CPLR §213 |
| Written contract | 6 years | N.Y. CPLR §213 |
| Oral agreement | 6 years | N.Y. CPLR §213 |
| Promissory note | 6 years | N.Y. CPLR §213 |
| Auto loan (installment) | 6 years | N.Y. CPLR §213 |
| Court judgment (NY) | 20 years | N.Y. CPLR §211 |
The critical transition: If your last payment was before April 7, 2022, the old 6-year rule applies. If your default occurred after that date, the new 3-year rule applies. This is one of the more complex SOL situations in the country — run your dates carefully in SOLCheck.
The 2021 Law That Changed Everything for New Yorkers
Before the Consumer Credit Fairness Act (signed December 2021), New York credit card collectors had 6 years to sue — the same as written contracts. A $2,000 balance from 2016 could still be sued on in 2022. The new law:
- Reduced credit card SOL to 3 years (effective April 7, 2022)
- Required collectors to include a "consumer notice" disclosing the SOL in all collection communications on time-barred debt
- Applied retroactively in the sense that causes of action accruing after April 7, 2022 are subject to the new 3-year limit
The 3-year window is measured from the date the cause of action accrued — generally your first missed payment date on the credit card.
Worked Example: $11,500 NY Medical Credit Card
A medical credit card (CareCredit, used for a dental procedure), $11,500 balance, last paid September 2022. A collection agency files suit in December 2025.
Using SOLCheck: State = NY · Debt type = Credit card · Last activity = September 2022.
Result: NOT YET TIME-BARRED — approximately 9 months remaining. The 3-year NY window expires September 2025. The December 2025 lawsuit filing falls 3 months after expiration — the SOL has run. File an Answer raising the SOL as an affirmative defense. New York CPLR §214-i is an affirmative defense, not a bar to filing, so you must raise it.
According to 2024 CFPB data, New York has one of the highest rates of FDCPA complaints per capita in the country — partly because New York City's dense population, complex court system, and high debt loads create fertile ground for collection errors.
Written contract rule
Consumer Credit Fairness Act
New York's Mandatory Disclosure Requirement
Under the 2021 law, collectors contacting New York consumers about time-barred credit card debt must include a mandated disclosure stating that the debt may be too old to be legally enforced in court. Failure to include this disclosure is a violation of New York law enforceable by the AG's consumer protection bureau.
If a collector contacts you about an old NY credit card without this disclosure and the debt is time-barred, you may have a state-law claim in addition to any federal FDCPA claim.
Partial Payments and the NY SOL Clock
In New York, making a partial payment on a credit card debt can restart the SOL under certain circumstances — specifically if the payment is made within the SOL period and is accompanied by an implied or explicit acknowledgment. Payments made after the SOL has already expired do not revive the debt for lawsuit purposes under New York law.
However, any payment — even post-SOL — can trigger 1099-C income reporting if the creditor subsequently forgives the balance. Always consult a New York consumer attorney before making any payment on an old debt.
Credit Report Deadline vs. Lawsuit Deadline
The FCRA's 7-year reporting window is entirely separate from the 3-year lawsuit SOL. A New York credit card last paid in 2022 will be time-barred for lawsuits by 2025 but may remain on your credit report until 2029. Use FallOff to find your FCRA removal date separately.
Compliance note: Educational only. SOL data from New York statutes as of 2025, pending expert review. Consult a licensed New York attorney for advice specific to your situation.
Related: Credit Card SOL by State — All 50 States · California SOL on Debt · Use SOLCheck Free →