Consumer Debt · Statute of Limitations
Statute of Limitations on Debt in New York
How long a creditor or debt collector has to sue you over a debt in New York, by debt type — and, just as important, when that clock can restart.
The four limits at a glance
Years a lawsuit is allowed, by debt type. Credit card is the most-searched.
For a consumer, it is 3 years. The Consumer Credit Fairness Act (CPLR §214-i, effective April 7, 2022) sets a 3-year period for actions "arising out of a consumer credit transaction where a purchaser, borrower or debtor is a defendant." General (non-consumer) contracts stay at 6 years under §213(2). Older sources that say 6 years for a credit card are wrong for consumer debt.
When the clock starts — and what can restart it
The single most misunderstood part of debt limitations.
For consumer debt, there is no revival after the period expires: §214-i states that once the period ends, "any subsequent payment toward, written or oral affirmation of or other activity on the debt does not revive or extend" it. (Non-consumer debts can still be revived by a signed writing under Gen. Oblig. Law §17-101.)
A statute of limitations does not erase the debt or wipe it from your credit report — it is a defense you must raise if you are sued after the period runs. In many states a partial payment or a signed written acknowledgment can restart the clock, so be careful before paying or signing anything on an old account. This page is legal information, not legal advice.
The full limits, with the statute
Every period and how New York classifies each debt type.
| Debt type | Limit in New York | How it's classified |
|---|---|---|
| Credit card | 3 or 6 years | Consumer 3 yrs vs general 6 yrs |
| Written contract | 6 years | — |
| Oral contract | 6 years | — |
| Open account | 6 years (3 if consumer) | General contract accounts are 6 years (§213(2)); an account arising from a consumer credit transaction is 3 years (§214-i). |
| Promissory note | 6 years | Negotiable notes generally fall under the UCC (6 years). |
Consumer Credit Fairness Act (CPLR §214-i) (effective 2022-04-07): The Consumer Credit Fairness Act added CPLR §214-i, cutting the limitations period for consumer-credit actions to 3 years and barring revival of a consumer debt once the period expires.
Promissory-note periods often come from the UCC (§3-118, generally 6 years) rather than the general contract statute; confirm the instrument type for a specific note.
What New York debtors get wrong
New York quietly became one of the most consumer-protective states in 2022. The old answer — 6 years for a credit card under §213 — is now the trap answer. The Consumer Credit Fairness Act added CPLR §214-i, which sets a 3-year period for any action on a consumer credit transaction, and, crucially, says that once that 3 years runs, no later payment or acknowledgment can revive the debt. General business contracts still get 6 years, but for ordinary consumer credit-card debt the number to know is 3.
Common questions
What is the statute of limitations on credit-card debt in New York?
Three years for consumer debt. The Consumer Credit Fairness Act (CPLR §214-i, effective April 2022) sets a 3-year period for actions on a consumer credit transaction. General contracts remain 6 years under §213(2).
Isn't the debt limit 6 years in New York?
Six years is the general contract period. But for consumer credit — including most credit-card debt — the newer §214-i controls and the period is 3 years.
Can a payment restart the clock on consumer debt in New York?
No. Under §214-i, once the 3-year period expires, a later payment, written or oral affirmation, or other activity does not revive or extend the debt. This is stronger protection than most states offer.
When does the New York debt clock start?
Generally from the default — typically the last payment you made before falling behind. From there the 3-year consumer period runs.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.