New York Consumer Credit Fairness Act Defense (CPLR 214-i)

Statutory limitations periods, civil procedure defense rules, and debt buyer evidentiary requirements in New York.

Governing Statutory Framework

Procedural & Substantive Defenses in New York

The New York Consumer Credit Fairness Act of 2022 drastically overhauled debt litigation: it slashed the statute of limitations from 6 years to 3 years (CPLR 214-i), eliminated the doctrine of debt revival (payments after expiration do not restart the clock), and mandated detailed affirmation requirements for all debt buyer complaints.

Mandatory Defense Steps for New York Consumers

• Check the Summons Deadline: Immediately verify your response deadline. In New York, missing your answer cutoff results in an immediate default judgment.
• Demand Chain of Title: File an Answer denying unauthenticated assignment claims. Force the debt buyer to produce the complete, unredacted Bill of Sale and cardholder agreement.
• Assert Statute of Limitations: If no payment has been made within the statutory period, raise the statute of limitations as your first affirmative defense.
• Challenge Unauthorized Fees: Review the complaint for unlawful interest charges, late fees, or attorney fees not authorized by original card agreements.

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