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Statute of Limitations on Debt in New York

In New York, contract lawsuits generally must be filed within 6 years, but actions against consumers arising out of consumer credit transactions, such as credit card debt, must be filed within 3 years.

Last checked . General information, not legal advice.

New York at a glance

Written contracts
6 years
Consumer credit transactions where the consumer is the defendant have 3 years.
Oral contracts
6 years
Promissory notes
6 years
Six years as a contractual obligation. A consumer loan note sued on against the borrower has 3 years.
Open accounts
3 years
Applies to consumer credit transactions where the debtor is the defendant. Other accounts follow the 6-year contract rule.

Sources

Last checked

The rules in New York

What is the statute of limitations for a written contract in New York?

Written contracts in New York: 6 years. Consumer credit transactions where the consumer is the defendant have 3 years.

What is the statute of limitations for an oral contract in New York?

Oral contracts in New York: 6 years.

What is the statute of limitations on a promissory note in New York?

Promissory notes in New York: 6 years. Six years as a contractual obligation. A consumer loan note sued on against the borrower has 3 years.

What is the statute of limitations on an open account, such as a credit card, in New York?

Open accounts in New York: 3 years. Applies to consumer credit transactions where the debtor is the defendant. Other accounts follow the 6-year contract rule.

Where do the New York statutes of limitations on debt come from?

The rules above come from N.Y. CPLR 213 and N.Y. CPLR 214-i. Each source is linked on this page. We last checked them in October 2026.

Good to know

Under CPLR 214-i, a payment or affirmation after the 3-year consumer credit period expires does not revive or extend it.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.