Sued by a debt buyer in New York

What a debt buyer must file and prove, old debts as a defense, and how to ask for the papers.

Checked against official sources: Oct 24, 2026.

Short answer

A debt buyer is a company that bought an old debt and now sues to collect it. Under the Consumer Credit Fairness Act. In a consumer credit case, the complaint must attach the contract (or, for a revolving account like a credit card, the charge-off statement) and state the original creditor, the last 4 digits of the account, the date and amount of your last payment, an itemization of the amount (for credit cards: balance at charge-off, interest, fees and payments since charge-off), the last statement balance, and whether the plaintiff is the original creditor.

Time limit to sue
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.
Time to answer
20 days

New York rules for debt buyer lawsuits

  • Under the Consumer Credit Fairness Act. In a consumer credit case, the complaint must attach the contract (or, for a revolving account like a credit card, the charge-off statement) and state the original creditor, the last 4 digits of the account, the date and amount of your last payment, an itemization of the amount (for credit cards: balance at charge-off, interest, fees and payments since charge-off), the last statement balance, and whether the plaintiff is the original creditor.
  • A debt buyer must also state when it bought the debt, every previous owner and transfer date, and the amount due at each sale.
  • To get a default judgment, a debt buyer must file an affidavit from the original creditor about the debt, the default, the sale and the amount, plus affidavits for each later sale, and an affidavit that the time limit has not run.

Law: CPLR 3016(j); CPLR 3215(f), (j)

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

Old debts in New York

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.

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)

More on old debts at Debt Collector Map

In nearby states

Steps against a debt buyer suit in New York

  1. Look at the name

    Debt buyers sue under their own name, not the original creditor's.

  2. Ask for the paperwork

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

  3. Don't miss the deadline

    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.

  4. List your defenses

    Say if the plaintiff hasn't shown it owns the debt, or if the debt is too old.

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)
  • If the collector broke the law. You can sue a debt collector that broke the federal debt collection law within 1 year, for your losses, up to $1,000 more and your lawyer's fees. Law: 15 U.S.C. 1692k

Free help in New York

Questions about debt buyer suits in New York

What must a debt buyer prove in New York?

Under the Consumer Credit Fairness Act. In a consumer credit case, the complaint must attach the contract (or, for a revolving account like a credit card, the charge-off statement) and state the original creditor, the last 4 digits of the account, the date and amount of your last payment, an itemization of the amount (for credit cards: balance at charge-off, interest, fees and payments since charge-off), the last statement balance, and whether the plaintiff is the original creditor. A debt buyer must also state when it bought the debt, every previous owner and transfer date, and the amount due at each sale. To get a default judgment, a debt buyer must file an affidavit from the original creditor about the debt, the default, the sale and the amount, plus affidavits for each later sale, and an affidavit that the time limit has not run.

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.

How old is too old for a debt buyer suit in New York?

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.

Related New York pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources