How to answer a debt lawsuit in New York

How long you have, how to file, what it costs and which defenses to raise.

Checked against official sources: Oct 24, 2026.

Short answer

Summons handed to you personally: 20 days. Served another way (left with someone, or attached to your door, and mailed): 30 days. File an answer (or a notice of appearance) with the clerk of the court named on the summons, and serve a copy on the plaintiff's lawyer.

Time to answer
20 days
Official answer form
No official form found
Fee to answer
No fee to answer in NYC Civil Court: the court fee statute charges the plaintiff, not a defendant who answers.

The answer deadline in New York, court by court

  • Summons handed to you personally: 20 days.
  • Served another way (left with someone, or attached to your door, and mailed): 30 days.

20 days after the summons is handed to you personally. If it was served another way (for example, left with someone at your home and mailed, or attached to your door and mailed), 30 days. In NYC Civil Court, the 30 days run from when the proof of service is filed with the clerk. The summons states the deadline.

Law: CPLR 320(a); N.Y. City Civ. Ct. Act § 402; § 1911

In nearby states

Count your exact deadline

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Handed to you means a person gave the summons to you yourself.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

How you must be served in New York

Service means officially getting the court papers. Your deadline usually starts that day.

The summons must be served under CPLR 308: handed to you; or left with an adult of suitable age at your home or job and also mailed to you; or, if those cannot be done with due diligence, attached to your door and mailed. With leave-and-mail or door-and-mail service, service is complete 10 days after proof of service is filed, and then you have 30 days to answer. Before a default judgment in a debt case, the plaintiff must also mail you a copy of the summons at least 20 days before judgment, in a plain envelope marked 'personal and confidential' that does not show it is about a debt.

Law: CPLR 308; CPLR 3215(g)(3)

Defenses you can raise in New York

Consumer credit lawsuits must be filed within 3 years, and after that a payment or promise does not revive the debt. Medical debt suits by hospitals and health care providers must be filed within 3 years from treatment. The plaintiff's failure to meet CPLR 3016(j) pleading rules can be raised in your answer. If you were not personally served, CPLR 317 and 5015 give extra ways to reopen a default (see below).

Law: CPLR 214-i; CPLR 213-d

A consumer credit debt in New York (such as a credit card or personal loan) must be sued on within 3 years (CPLR 214-i); other written-contract debts within 6 years (CPLR 213). Raise an older debt as a defense in your answer.

Debt buyer lawsuits in New York: the full rules

Court fees in New York

Fee to answer

No fee to answer in NYC Civil Court: the court fee statute charges the plaintiff, not a defendant who answers. A consumer credit plaintiff pays an extra $95 to file.

Law: N.Y. City Civ. Ct. Act § 1911

If you can't pay the fees

Motion to waive costs, fees, and expenses, with an affidavit about your income and assets.

Law: CPLR 1101

How to file your answer in New York

File an answer (or a notice of appearance) with the clerk of the court named on the summons, and serve a copy on the plaintiff's lawyer. List every defense you have, such as that the debt is not yours, the amount is wrong, the time limit has passed, or you were not properly served.

What to do now in New York

  1. Read the papers

    Find the court, the case number and the plaintiff's lawyer on the summons.

  2. Count the days

    In New York: Summons handed to you personally: 20 days; Served another way (left with someone, or attached to your door, and mailed): 30 days.

  3. Write and file your answer

    The clerk takes your answer; the plaintiff's lawyer gets a copy; you keep a copy.

  4. Ask for the documents

    Send a documents request letter to the plaintiff's lawyer.

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)

Free help in New York

Questions about answering in New York

How long do I have to answer a debt lawsuit in New York?

20 days after the summons is handed to you personally. If it was served another way (for example, left with someone at your home and mailed, or attached to your door and mailed), 30 days. In NYC Civil Court, the 30 days run from when the proof of service is filed with the clerk. The summons states the deadline.

What do I file to answer in New York?

File an answer (or a notice of appearance) with the clerk of the court named on the summons, and serve a copy on the plaintiff's lawyer. List every defense you have, such as that the debt is not yours, the amount is wrong, the time limit has passed, or you were not properly served.

What does it cost to answer in New York?

No fee to answer in NYC Civil Court: the court fee statute charges the plaintiff, not a defendant who answers. A consumer credit plaintiff pays an extra $95 to file.

How do I ask for a fee waiver in New York?

Motion to waive costs, fees, and expenses, with an affidavit about your income and assets.

Related New York pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources
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