How to Answer a Summons for Debt Collection in New York (2025)
You have 10-30 days to respond to a debt collection lawsuit in New York, depending on how you were served. Filing an Answer protects you from default judgment and gives you a chance to fight the case. New York's three-year statute of limitations on most debt provides a powerful defense that can get your case dismissed.
Answer Your LawsuitGetting sued for debt is stressful, especially when you’re already struggling financially.
You can fight back. We’ll show you exactly how to respond to a debt collection lawsuit in New York.
Respond to Your New York Debt Lawsuit in Minutes
Don't risk losing by default. Answer your debt collection summons before your 10-30 day deadline expires. Our partner Solo walks you through every step of creating a strong Answer that protects your rights.
Start Your Answer NowYou have 10-30 days to respond. Our partner Solo makes the process simple and fast.
Understanding Your Debt Lawsuit in New York
When you’re sued for debt in New York, you’ll receive two documents.
The Summons notifies you of the lawsuit. The Complaint lists why you’re being sued.
You are the defendant. The creditor or debt collector suing you is the plaintiff.
These papers can be delivered three ways: handed to you personally, delivered to someone at your home and mailed, or left somewhere you’ll find them and mailed.
Once you receive these documents, the clock starts ticking. You must file a written Answer before the deadline.
New York Debt Lawsuit Deadlines
Your response deadline depends on how you received the papers:
- 10 days if handed to you personally outside New York City
- 20 days if handed to you personally in New York City
- 30 days if delivered any other way
Weekends and holidays count toward these deadlines.
Missing your deadline leads to serious consequences. The court will likely issue a default judgment against you.
A default judgment means the plaintiff automatically wins. You’ll owe the full amount plus interest and court fees.
The judgment stays on your credit report for years. Creditors can garnish your wages and freeze your bank accounts.
You avoid default judgment by filing your Answer on time.
Forms You Need to Answer Your Lawsuit
You have several options for creating your Answer document.
Our partner Solo walks you through the entire process. You answer simple questions about your case in minutes.
New York also provides a general Answer form. But you’ll need to fill it out without guidance.
You can create your own Answer from scratch. This takes longer and requires legal knowledge.
The easiest approach is using technology built for this purpose.
Filing Fees in New York
Good news: You don’t pay fees to file your Answer in New York.
Other court documents like motions may require fees. Check NYCourts.gov for a complete fee schedule.
Three Steps to Respond to Your Debt Lawsuit
You don’t need an attorney to fight your case. Follow these three steps to increase your chances of winning.
Step 1: Answer Each Issue in the Complaint
Responding to a Complaint is simpler than you think.
You can make a general denial of all claims. The plaintiff has the burden of proof in debt cases.
The creditor must prove they have the right to sue you. They must show the debt belongs to you. They must verify the exact amount owed.
A general denial forces them to produce evidence.
You can also respond to each numbered paragraph individually. State whether you admit, deny, or don’t know if each claim is true.
Step 2: Assert Your Affirmative Defenses
Defenses explain why the plaintiff shouldn’t win.
Common defenses in New York debt cases include:
- Improper service: The Summons wasn’t delivered according to legal rules
- Payment made: You paid all or part of the debt
- No relationship with plaintiff: You don’t know the company suing you
- Unjust enrichment: The amount requested is excessive compared to original debt
- Unconscionability: The original agreement was extremely unfair
- Statute of limitations expired: The lawsuit was filed too late
- Debt discharged in bankruptcy: You no longer owe the money
- Identity theft: Someone else created this debt using your information
New York has a three-year statute of limitations on most debt. This defense alone can get your case dismissed.
Include all applicable defenses in your Answer. Financial hardship alone is not a defense.
Step 3: File Your Answer and Serve the Plaintiff
Give yourself plenty of time to file before the deadline.
Our partner Solo handles filing in all 50 states for you.
If you received an e-filing notice, use the New York State Courts Electronic Filing system.
Otherwise, file at the court where the case started. Keep a copy for yourself.
You must also serve the plaintiff. Have someone 18 or older (not you or anyone involved in the case) mail a copy to the plaintiff.
If the plaintiff has an attorney, send the Answer to the lawyer too.
The person who mails your Answer must complete an Affidavit of Service by Mail form. File this with the court and keep a copy.
Contact the court clerk if you have questions about filing and serving.
After filing, the clerk will provide information about your first hearing.
New York Statute of Limitations on Debt
New York gives creditors limited time to sue for unpaid debt.
Under N.Y. Civ. Prac. L. & R. §214-i, the statute of limitations is three years for consumer credit transactions.
The three years starts from whichever is more recent: when repayment became due or when you made your last payment.
After three years, the creditor cannot sue you. Raise this defense in your Answer if applicable.
| Debt Type | Statute of Limitations |
|---|---|
| Credit card | 3 years |
| Medical | 3 years |
| Student loan | 3 years |
| Auto loan | 3 years |
| Personal loan | 3 years |
| Mortgage | 6 years |
| Judgment | 20 years |
Settling Your Debt in New York
Debt settlement reduces what you owe and saves you money.
You can settle even after being sued. Here’s how:
- File your Answer first. Send your response within your deadline. This protects you from default judgment and strengthens your negotiating position.
- Start negotiating after filing. Make a settlement offer you can afford to pay quickly. Don’t overpromise. Expect the creditor to counter your offer. Be willing to adjust your position.
- Get everything in writing. Never pay before the creditor signs a settlement agreement. The agreement must state they accept your payment as full satisfaction of the debt. Keep this document safe.
Debt settlement companies like New Era Debt Solution, United Settlement, and Century Support Services can help negotiate. They typically ask you to save money in a separate account.
SoloSettle takes a different approach. Their online platform lets you control the negotiation process and speeds up settlement.
New York Debt Collection Laws Protect You
New York enforces strong consumer protections through the Consumer Credit Fairness Act (CCFA).
The state also uses the Fair Debt Collection Practices Act (FDCPA) to monitor creditor behavior.
The CCFA requires debt collectors to include specific information in lawsuit notices:
- Written in English and Spanish
- Statement about filing an Answer before the deadline
- Links to New York Law Help and state government resources
- Explanation of consequences for not responding
New York reduced the statute of limitations from six years to three years. This means old debt cannot be pursued in court.
The New York Debt Collection Practices Act prohibits collectors from:
- Using abuse, oppression, or harassment
- Making threats or using obscene language
- Pretending to be law enforcement or lawyers
- Lying about the debt or their identity
- Calling excessively or at unreasonable hours
You have rights under these laws. You can request debt verification, dispute inaccurate debts, send cease and desist letters, and take legal action when your rights are violated.
Keep written records of all contact with debt collectors.
If a collector uses illegal tactics, file a complaint:
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
New York Garnishment Laws
Garnishment lets creditors take money from your paycheck for debt payment.
Creditors cannot garnish your wages without winning a lawsuit first. They must obtain a Writ of Garnishment and notify you and your employer.
New York limits garnishment amounts. Creditors can take 25% of your disposable income or 10% of your gross wages.
If you earn less than 30 times the minimum wage (currently $15 in most regions), your income cannot be garnished.
Certain income types are exempt from garnishment:
- Veteran benefits
- Disability benefits
- Workers compensation benefits
- Retirement savings
- Public assistance
Special rules apply to taxes, student loans, and child support. These can be garnished without a court judgment.
Child support garnishment can reach 50% of your earnings. Student loan garnishment is limited to 15% of your income.
How to Stop Wage Garnishment in New York
You can stop garnishment at different stages of the collection process.
Before garnishment starts, file your Answer within 35 days. Respond to each allegation in the Complaint. Include your affirmative defenses.
Your defenses may cause the creditor to drop the case. You might win the case if you have strong evidence.
After garnishment starts, file for an exemption. Explain that your income is protected by law or that garnishment prevents you from meeting basic needs.
Debt settlement can also stop garnishment. Approach the creditor to negotiate a settlement deal.
Debt Relief Options in New York
New York residents carry an average of $9,165 in credit card debt (2nd highest state). The average mortgage is $240,795 (10th largest).
You’re not alone in your debt struggle. These debt relief programs may help:
- Supplemental Nutrition Assistance Program (SNAP): Food assistance for low-income workers, people with disabilities, and seniors
- Family Assistance (FA): Support for up to 60 months
- Safety Net Assistance (SNA): Two years of benefits for single adults and childless couples
- Home Energy Assistance Program (HEAP): Utility bill coverage for low-income residents
- Low Income Household Water Assistance Program (LIHWAP): Sewer and water service payment assistance
- New York State Supplement Program (SSP): State-funded assistance for disabled, blind, and elderly residents
Use these programs to free up money for debt payment strategies.
The snowball method pays off your smallest debt first. After paying off the smallest debt, apply that payment to the next smallest debt.
The avalanche method targets your largest debt first. After clearing the largest debt, move to the next largest.
Debt consolidation combines multiple debts into one new loan. You make a single monthly payment, ideally at a lower interest rate.
Check Your New York Case Status
Finding your lawsuit information in New York is easy.
Visit the courthouse in person and request your documents. Send a mail request with a money order. Or search online and view or print copies.
New York has several court levels:
- Court of Appeals: Handles appeals from Appellate Division
- Appellate Division: Hears appeals from Supreme Court and County Court
- Supreme Court: Civil cases with no monetary limits
- County Court: Cases up to $25,000
- City, District, Town, and Village Courts: Small claims ($3,000-$5,000 depending on court)
Your debt case is likely in a City, Village, or Town Court. New York City cases are in the Civil Court of the City of New York.
Search online using the WebCivil eCourt Search Portal. Enter your details to find your case number.
Request Debt Validation
Debt collectors must follow specific rules when contacting you.
Within 5 days of first contact, they must send a letter stating:
- The debt amount
- The creditor’s name
- A statement that they’ll assume the debt is valid unless you dispute it within 30 days
- A statement that they’ll provide the original creditor’s information if you request it in writing
If you don’t think you owe the debt, send a Debt Validation Letter within 30 days by certified mail.
The collector must stop collection attempts until they verify the debt.
Free Legal Help in New York
Legal aid organizations provide free or low-cost services if you can’t afford a lawyer.
Your annual income must be at or below certain levels to qualify.
Legal Aid Society of Mid-New York, Inc.
120 Bleecker Street, Utica, NY 13501
(877) 777-6152
www.lasmny.com
Legal Aid Society of Northeastern New York, Inc.
95 Central Avenue, Albany, NY 12206
(800) 462-2922
www.lasnny.org
Legal Assistance of Western New York, Inc.
361 South Main Street, Geneva, NY 14456
(585) 325-2520
www.lawny.org
Legal Services NYC
40 Worth Street, Suite 606, New York, NY 10013
(917) 661-4500
www.legalservicesnyc.org
Legal Services of the Hudson Valley
90 Maple Avenue, White Plains, NY 10601
(914) 949-1305
www.lshv.org
Nassau/Suffolk Law Services Committee, Inc.
One Helen Keller Way, 5th Floor, Hempstead, NY 11550
(516) 292-8100
www.nslawservices.org
Neighborhood Legal Services, Inc.
Main Seneca Building, 237 Main Street, 4th Floor, Buffalo, NY 14203
(716) 847-0650
www.nls.org
Find Your New York Court
Your Summons identifies the court where you’re being sued.
The court clerk can answer questions about preparing and filing your Answer.
Find contact information for any court at NYCourts.gov.