Hannah Locklear | January 07, 2026
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.

Summary: You have 10-30 days to respond to a debt collection lawsuit in New York. You can use the SoloSuit Answer form or other state forms to help you get started. In your Answer, respond to each issue of the Complaint and assert your affirmative defenses. Then file the Answer in court and send a copy to the plaintiff. Since the statute of limitations on debt is only three years in New York, and you can use this as a defense to get your case dismissed.
Getting sued is one of the most stressful experiences a person can have — especially if you're already struggling to get out from under debt.
Lucky for you, we’ve created this guide to show you how to respond to a Summons for debt collection in New York. This includes state-specific deadlines, fees, forms, and laws you should know. But first, let’s explain how a debt lawsuit works in New York and go over some definitions.
Sued for debt in New York? SoloSuit can help you file an Answer into your case before the deadline.
Start my Answer.When you get sued for debt in New York, you’ll receive a Summons and Complaint. It can be delivered to you (or “served”) in three ways: hand-delivery to you personally, hand-delivery to a suitable person at your residence and mailing copies, or leaving the papers at a reasonable place where you’re likely to find them and mailing copies.
Once you’ve received notice of a debt lawsuit against you, the clock starts ticking for you to respond by filing a written Answer into the case.
Keep reading to learn how to draft and file your Answer in New York.
As noted above, you only have a short period to respond to a Summons and Complaint:
This includes weekends and holidays.
If you don't file your Answer by this deadline, usually the plaintiff will automatically win when the court orders a default judgment against you.
Default judgments typically give the plaintiff everything they ask for, including interest and court fees. This means you may end up owing much more than your original debt — without even being able to tell your side of the story! It also grants them the ability to take money from your paychecks or your bank accounts. The judgment will also show up on your credit report, where it can stay for years.
You can avoid a default judgment by filing an Answer on time and showing up at all hearings.
The easiest and fastest way to draft a response to a debt collection lawsuit is this Answer form. SoloSuit walks you through the process of drafting your Answer in minutes. All you have to do is respond to a few questions about the case.
Here's a sample of SoloSuit's Answer form.
Otherwise, you can create your own Answer or use New York’s general form. While these two options are still better than ignoring the case, you may find that it takes longer to respond on your own or fill out a form without any guidance.
SoloSuit walks you through the process of drafting an Answer that will build you a strong case. You won't have to hire an attorney to represent you with this process because of SoloSuit's software that makes responding simple and easy.
Great news! You don't have to pay a fee to file your Answer in New York.
However, depending on the court, you may have to pay fees to file other types of documents, such as motions. You can find a list of filing fees on NYCourts.gov.
If you've been sued for debt in New York, you might think you have to hire an attorney to fight back. SoloSuit empowers you to represent yourself in court, saving yourself the time, cost, and stress of finding an attorney.
Follow these three steps to respond to a debt lawsuit in New York and increase your chances of winning by 7x:
Keep reading to learn more about these three steps, otherwise, you can check out this video:
Responding to a Complaint on your own might seem scary. But it doesn't have to be.
At the beginning of a lawsuit, you can just make a general denial of all claims in the Complaint. This is because in a consumer debt case, the plaintiff has the “burden of proof.” This means that it's up to the plaintiff to show evidence that:
By making a general denial, you can force the plaintiff to come up with that evidence. Or if you want, you can also respond to each numbered paragraph in your Answer by stating one of the following:
SoloSuit helps you understand how to respond.
Your defenses are another key part of your Answer. Your defenses are the reasons why the plaintiff shouldn't win the case.
Below are some common defenses in a debt collection case. Every case is different, so only include the defenses you think may apply to your case. You can have multiple defenses, including defenses different than the ones listed below.
SoloSuit makes it easy to assert the right affirmative defenses.
The list above isn't complete — you may have other defenses. Some localities (such as New York City) also have special legal defenses that aren't available elsewhere.
You should be sure to include all your defenses in your Answer. But keep in mind that financial hardship alone is not a defense. Unfortunately, a creditor can still win a case against you, even if you've lost your job or have mounting medical bills.
Once you've completed your Answer, it's time to file. Make sure you give yourself plenty of time before the deadline to do this.
SoloSuit files for you in all 50 states.
If you got an e-filing notice with the Summons, you can serve and file your Answer online using the New York State Courts Electronic Filing system. If you don't want to file online, you should file your Answer in the court where the case was started. Be sure to keep a copy for yourself.
You'll also have to serve the plaintiff with a copy of your Answer. You can do this by having someone 18 or older (not you or anyone involved in the case) mail a copy to the plaintiff.
If the plaintiff has a lawyer, the lawyer should get a copy of your Answer by mail, too. The person who mails your Answer for you will then have to fill out an Affidavit of Service by Mail form. You should file this proof of service form with the court and keep a copy for yourself.
If you have any questions about how to properly file and serve your Answer, you should contact the court clerk's office. Some courts even let you tell your Answer to the clerk in person.
Once you've filed your Answer, the court clerk will give you information about the first hearing and other next steps.
Draft and file an Answer online in minutes with SoloSuit.
Now, let’s take a look at an example of responding to a debt lawsuit in New York.
Example: Danny is being sued by LVNV Funding in New York. The Summons and Complaint were delivered to him personally in Oneida County, meaning he has 20 days to respond to the lawsuit. Danny uses SoloSuit to draft and file an Answer into the case. In his Answer document, Danny denies most of the claims and lists the expired statute of limitations on debt as one of his affirmative defenses. Since Danny hasn’t been active on his debt account for nearly seven years, LVNV Funding cannot sue him since the NY statute of limitations on debt is only three years. When the LVNV Funding lawyers receive Danny’s Answer, they decide to dismiss the case.

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

To sue for unpaid debt, a creditor has to file the lawsuit before a deadline set by law. This is called the statute of limitations.
Under N.Y. Civ. Prac. L. & R. §214-i, the statute of limitations for consumer credit transactions in New York is three years. In other words, the New York statute of limitations on debt is three years for most types of debt.
The three years is counted from the more recent of:
After three years, the creditor can no longer sue you. So if you think you're being sued beyond this deadline, you should raise this defense in your Answer.
The table below further outlines the statute of limitations on different types of debt in New York:
| Debt Type | Deadline |
|---|---|
| Credit card | 3 years |
| Medical | 3 years |
| Student loan | 3 year |
| Auto loan | 3 years |
| Personal loan | 3 years |
| Mortgage | 6 years |
| Judgment | 20 years |
| Source: N.Y. C.P.L.R. § 211, § 213, and § 214-I |
Settling debt helps you manage your debt situation by reducing the amount and number of debts you have. You will also save money to offset other bills. Offer to settle your debt when a debt collector contacts you multiple times for an outstanding debt. Inform them you can pay the debt only if they reduce the amount to a certain percentage.
Explain to them you are undergoing financial hardship and cannot pay the full amount. You can also settle your debt after receiving a debt collection lawsuit. The following steps focus on the process of settling your debt after you have been sued.
Various debt settlement companies are available in New York to help you find a favorable settlement deal. Some take over the entire process and ask you to open a separate account to put the money you are saving for the settlement deal. They will later approach the creditor on your behalf and take a cut of their money after they get a settlement deal. These companies are New Era Debt Solution, United Settlement, and Century Support Services.
SoloSettle takes a different approach and uses technology to enable consumers to take control of negotating through an online platform. This gives more control to the consumer and speeds up the settlement process.
To learn more about these three steps and how SoloSettle can help you throughout the debt settlement process, watch the following video:
New York cares about its consumers and how debt collectors treat them by having the Consumer Credit Fairness Act (CCFA) in place. The state also uses the Fair Debt Collection Practices Act (FDCPA) and New York’s debt collection regulations to monitor how creditors handle debtors. A violation of these New York debt collection laws may cause the debt collector to lose their license, and you may be able to recover damages in court.
The CCFA contains consumer-centric notice requirements that debt collectors must adhere to when communicating about a debt they are suing you for. The notice of a lawsuit should:
In recent years, New York also reduced the statute of limitation on debt from six to three years. This means that a debt collector cannot take you to court for a debt that has passed this period. Debts that qualify for this timeline are auto loans, personal loans, credit card debt, and student loans. The mortgage timeline remains at six years, while judgments last ten years.
The New York Debt Collection Practices Act borrows heavily from the FDCPA and outlines various laws that debt collectors should adhere to as they try to get their money. They are prohibited from:
The NWDCPA and FDCPA also give you certain rights you can use to stand against an unscrupulous debt collector. For instance, you have a right to debt verification, dispute a debt you doubt its accuracy, send a cease and desist letter to immediately stop all communication, and take legal action when your rights have been violated.
Under federal and New York law, debt collectors also may not use in improper, harassing, or deceptive practices, such as:
You should keep written records of all contact with debt collectors.
If you think a debt collector is using illegal tactics, you can contact an attorney or file a Complaint with one of the following agencies:
New York State Attorney General
Consumer Frauds & Protection Bureau
120 Broadway
New York, NY 10271
1-800-771-7755
www.ag.ny.gov
Federal Trade Commission
Consumer Response Center
Washington, DC 20508
1-877-382-4357
www.ftc.gov
Facing financial challenges can be overwhelming, but you don't have to navigate them alone. The Debt Lawyer specializes in offering comprehensive bankruptcy solutions for residents of New Jersey and New York with a team of seasoned team of legal professionals dedicated to providing personalized guidance every step of the way. Whether you're considering filing for bankruptcy or just seeking clarity about your financial situation, you have resources.
Now, let's look at one example of New York laws protecting consumers in action with the case of Citibank.
Citibank, N.A. (Citi) has been sued by New York Attorney General Letitia James for failing to safeguard consumers from fraudulent business practices and refusing to reimburse the victims. The lawsuit states that Citibank failed to offer enough online protection measures. This failure on their part led to unauthorized account breaches and misleading consumers about their rights after an account breach.
Citibank violated the federal consumer protection laws. Its faulty security measures caused many New Yorkers to lose significant amounts of money that they had set aside for various purposes.
For example, one resident lost her retirement savings amounting to $40,000 after falling for a scam via a deceptive text. Despite reporting the questionable interaction, Citibank did not respond promptly to address the situation. Another New Yorker lost $35,000 after Citibank approved a fraudulent transaction requested through a wire transfer. They did not do their due diligence, which required proper verification. These examples led the Attorney General's office to identify several shortcomings:
Citibank is accused of exploiting a provision in the Electronic Fund Transfer Act (EFTA) and using it to deny reimbursing the victims their money. The law clearly states that banks must pay back their customers for losses incurred due to unauthorized electronic transactions. This lawsuit is an effort Attorney General James' is making to hold banks and other financial institutions accountable. The aim is to impose penalties on Citibank, seek restitution for the victims, and demand more robust implementation of anti-fraud measures.
New York garnishment laws permit debt collectors to take a portion of your income in payment for their debt. The process may continue until the debt is paid in full. They cannot start the garnishment process without winning a lawsuit and applying for a Writ of Garnishment. They must also notify you and your employer of the impending cut.
Fortunately, the garnishment laws limit the amount a creditor can take from your income. For instance, they are allowed to take 25% of your disposable income or 10% of your gross wages. In addition, if you earn less than 30 times the minimum wage (currently at $15 in most regions apart from New York City, Long Island, and Westchester), your income cannot undergo garnishment.
New York garnishment laws allow you to file for exemption if you believe the garnishment order will prevent you from taking care of your family or meeting your basic needs. Filing for exemption also applies if the garnishment order touches on earnings that are exempt from garnishment. These include:
Other limitation provisions pertaining to garnishment occur when you are in debt due to taxes, student loans, and child support. The law permits the various parties to garnish your wages without a court judgment, but the amount deducted differs. In child support, the set amount is garnished automatically, and the federal limit is up to 50% of your earnings.
The Department of Education acquires an administrative garnishment order and can take up to 15% of your income for federal student loans. Garnishment for tax defaulting factors in your household size and income and can be garnished without a court order. If you have multiple garnishment orders, the creditors can only take 10% of your gross income or 25% of your disposable wages.
Once you understand the New York garnishment laws and how they affect you, you can plan how to stop wage garnishment in New York. You can do this at various points of the collection process–after receiving the lawsuit and waiting for the court process and when the garnishment order has been issued. The following is the process to take to reduce the chances of the creditor receiving a garnishment order:
Responding to the lawsuit may prevent wage garnishment because your affirmative defenses may cause the creditor to drop the case. You may win the case if you have enough evidence to support your defenses. If you want to stop wage garnishment after the creditor has received the garnishment order, you can do so by filing for an exemption. In this situation, you want your income to be exempted from garnishment because it is protected by law, or you may fail to meet your family’s basic needs.
Did you know you can avoid your income from being garnished by debt settlement? If you have tried all means to get out of the garnishment order and failed, you can approach the creditor and ask for a settlement deal. SoloSettle can help you to negotiate. We also take care of the paperwork after you get a favorable deal. Learn more from the following video.
The average New York resident carries about $9,165 in credit card debt (2nd highest state) and a mortgage of $240,795 (10th largest amount). These figures indicate that you are not alone in the debt challenge you could be experiencing. Debt relief is a viable option to get out of debt. If you are already struggling to provide the necessities for your family, consider the following debt relief programs and check if you qualify:
The above programs can free up money to help you pay off your debt using various debt relief options. For example, you can use the snowball strategy to pay off the smallest debt first but still keep paying the minimum requirements of your other debts. Once you clear the smallest debt, go to the next smallest debt and snowball the payment from the one you paid off until you clear all the debt.
The reverse of the snowball strategy is the avalanche method, where you pay off the largest debt and move to the next largest debt until you clear all balances. These methods encourage you to keep going as you can see the progress made.
Another debt relief option is debt consolidation. This entails getting a new loan to pay off the multiple debts you have, and then you have a single debt to pay. This approach reduces the burden of making separate monthly payments for several debts. It also saves you money if you get a loan with a better interest rate than the other debts combined.
Debt settlement is also a fantastic way to clear your debt, where you pay less than you owe. But you must have a reasonable amount to make a lump-sum payment. You may also need to be prepared to explain why you cannot pay the entire debt amount. You can negotiate for debt settlement on your own using SoloSette or hire a debt settlement company to negotiate on your behalf.
Finding your lawsuit in New York has been made easy by the various options available to its residents. For instance, you can walk into the courthouse and request for them, send a mail with a money order for them to send back the documents, or search online and view or make copies. Before searching for your debt collection lawsuit, you must understand the court structure and where your case belongs. Let’s look at the general court structure:
Your debt collection case is likely in your county’s City, Village, or Town Court. If you live in New York City, your case is probably in the Civil Court of the City of New York. To find your case number, visit the courthouse indicated in your lawsuit, share your details, and the clerk will find it. You can also search online via the WebCivil eCourt Search Portal. Use the attorney, party, or judge search option to enter your details and search.
Accessing your court records is also possible in New York by visiting the courthouse and using the public terminals to find your case. You may be required to pay a small fee to make copies. The court clerk can also help you locate your case for a small fee. Use the New York WebCivil eCourt Search Portal to find your court records online by entering your case number, party's name, attorney/firm, and judge.
If you've run into hard times, it's possible that more than one creditor is trying to recover money from you.
If you don't pay, after a while creditors often hire a debt collection company like Covington Credit to try to collect the money for them.
You may already be familiar with these companies. Some call from blocked numbers and use aggressive tactics to scare you into paying. And some even try to recover “zombie debt” — debt that you no longer owe for various reasons or maybe isn't even yours!
Any time you're dealing with a debt collector, it's important to know your rights.
For example, when a debt collector contacts you for the first time, by law they must send you a letter within 5 days stating:
If you don't think you owe part or any of the debt, or if you want to know the name and address of the original creditor, you should send a Debt Validation Letter to the debt collector within 30 days by certified mail.
If you do this, the debt collector has to stop trying to collect the debt until it verifies the debt or the original creditor information.
If you need help with your case but can't afford a lawyer, you may be able to get free or low-cost services from a legal aid organization. Your annual income will typically have to be at or below a certain level to qualify.
Below are some organizations that may be able to help.
Legal Aid Society of Mid-New York, Inc.
120 Bleecker Street, Utica, NY 13501
(877) 777-6152
www.lasmny.com
Counties served: Broome, Cayuga, Chenango, Cortland, Delaware, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego
Legal Aid Society of Northeastern New York, Inc.
95 Central Avenue, Albany, NY 12206
(800) 462-2922
www.lasnny.org
Counties served: Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Warren, Washington
Legal Assistance of Western New York, Inc.
361 South Main Street, Geneva, NY 14456
(585) 325-2520
www.lawny.org
Counties served: Allegany, Cattaraugus, Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, Yates
Legal Services NYC
40 Worth Street, Suite 606, New York, NY 10013
(917) 661-4500
www.legalservicesnyc.org
Counties served: Bronx, Kings, New York, Queens, Richmond
Legal Services of the Hudson Valley
90 Maple Avenue, White Plains, NY 10601
(914) 949-1305
www.lshv.org
Counties served: Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester
Nassau/Suffolk Law Services Committee, Inc.
One Helen Keller Way, 5th Floor, Hempstead, NY 11550
(516) 292-8100
www.nslawservices.org
Counties Served: Nassau, Suffolk
Neighborhood Legal Services, Inc.
Main Seneca Building, 237 Main Street, 4th Floor, Buffalo, NY 14203
(716) 847-0650
www.nls.org
Counties served: Erie, Genesee, Niagara, Orleans, Wyoming
Your Summons will tell you the civil court in which you're being sued. If you have questions about how to properly prepare and file your Answer, you can usually talk to the court clerk. You can find the contact information for any court on NYCourts.gov.
And if you're ready to draft and file your Answer through SoloSuit, find your court below:
If you're sued for unpaid debt, the most important thing to remember is to file your Answer before the deadline!
Otherwise, the plaintiff may automatically win.
The deadline is 10-20 days from receipt if the Summons and Complaint was delivered to you personally, or 30 days if it was delivered any other way.
Here's a recap of the process:
If you need help with this process, SoloSuit’s got you covered.
SoloSuit is a simple-to-use online application for preparing an Answer to a debt collection Complaint. Preparing your Answer with SoloSuit is free. We can also review, file, and serve the Answer for you for an additional fee.
Don't risk losing your case because you missed the Answer deadline — click here to get started with SoloSuit today.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.Here's a list of guides on how to respond to a debt collection lawsuit in each state:
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Hosted by Team Solo, The Debt Hotline breaks down debt and personal finance topics with help from attorneys, financial experts, and industry pros. We respond to real questions to help you navigate debt with knowledge and courage.