Sued by a Debt Collector in New York? You Have 20 Days to Act.

Being served with a debt lawsuit starts a clock. In New York, you have 20 days to respond if you were served personally, or 30 days if service was made another way. Miss that window and the creditor gets a default judgment — the right to garnish your wages, freeze your bank account, and place liens on your property. Respond within it, and the outcome of the case is still very much in play.


Aronow Law P.C. has defended Nassau County and Long Island residents against creditor lawsuits for 23+ years. If you have been served, the time to call is now.

20-Day Window to Respond in New York State Court — 30 Days if Not Personally Served   •   Many Debt Lawsuits Contain Errors, Wrong Amounts, or Missing Documentation   •   Default Judgments Are Avoidable With Timely Legal Action   •   Debt Defense Handled Alongside Bankruptcy, Wage Garnishment, and Student Loans   •   Free Consultations With No Time Limit

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Understanding how agreement—or conflict—shapes the process.

Filing Chapter 7 stops a wage garnishment immediately through the automatic stay. But if the garnishment stems from a judgment creditor, the underlying judgment remains on the record until it is formally avoided or discharged. Aronow Law handles the full resolution — not just the filing.



For clients carrying student loans alongside dischargeable debt, Aronow Law assesses both in a single engagement. Federal student loans survive Chapter 7 in most cases, but filing can still provide meaningful relief by eliminating all surrounding unsecured debt and freeing up income to address loans directly. In some cases, an adversary proceeding for hardship discharge of student loans may also be worth evaluating.

If you have a suspended vehicle registration alongside your debt issues, that can also be addressed as part of the same engagement.

What Chapter 7 Cannot Discharge

What Happens After You Are Served

The summons and complaint you received is the creditor's opening filing. It names the amount they are claiming, identifies the alleged debt, and sets your response deadline in motion. The creditor has already hired an attorney. The lawsuit is already active. The clock is already running.



If you respond in time, the case enters a litigation and negotiation phase. Creditors — particularly debt buyers who purchased your account from the original lender — frequently lack the documentation needed to prove their claim in court. That gap creates defenses that do not exist if you never respond.


If you do not respond, the court enters a default judgment without reviewing any of the merits of the claim. The amount the creditor is suing for becomes a court-ordered debt, enforceable through wage garnishment, bank levies, and property liens.

What Aronow Law Does When You Have Been Served

Step 1: Review the Complaint and the Underlying Debt

Before any response is filed, Aronow Law reviews the complaint in full — the creditor's identity, the alleged balance, the account history they are relying on, and the date of last payment. That last figure matters because New York's three-year statute of limitations on consumer credit debt means that many lawsuits are filed on claims that are no longer legally enforceable.

Step 2: Identify Defenses and File the Answer

Once the review is complete, Aronow Law files a formal answer to the complaint, raising every applicable defense. Common defenses in creditor lawsuits include: the debt is time-barred under New York's statute of limitations; the plaintiff cannot prove ownership of the debt with proper documentation; the amount claimed does not match the account records; or the wrong party has been named as the defendant. An answered complaint shifts the litigation posture significantly — the creditor now has to prove its case.

Step 3: Negotiate, Defend, or Dismiss

With the answer filed and the defenses on record, the case typically moves toward one of three outcomes: a negotiated settlement for a reduced amount, a motion to dismiss based on procedural or evidentiary deficiencies, or continued litigation if the creditor pursues the claim despite the defenses raised. Aronow Law manages this process directly, with Darren on the case throughout. Clients do not navigate creditor communications or court filings on their own.

Common Errors in Creditor Lawsuits That Can Change the Outcome

Debt lawsuits — particularly those filed by debt buyers rather than original creditors — frequently contain errors that create viable defenses. These are not technicalities. They are failures of proof that courts take seriously.


  • Lack of documentation: Debt buyers often purchase portfolios of accounts without complete account records. If the plaintiff cannot produce the original credit agreement, a full account statement, or a proper chain of title showing they own the debt, the claim may be unprovable.
  • Inflated or incorrect balance: The amount stated in the complaint is sometimes higher than what the account records actually support — particularly when interest, fees, or collection charges have been added without a legal basis for doing so.
  • Wrong defendant: Errors in the name, address, or identity of the person being sued are not uncommon in high-volume debt collection litigation. If the lawsuit names the wrong person or a name that does not match the account, that is a defense.
  • Expired statute of limitations: New York's three-year limitations period on consumer credit debt applies regardless of what the creditor claims in the complaint. If the date of last payment falls outside that window, the claim is time-barred.
  • Improper service: If you were not properly served under New York's service of process rules, the court may lack jurisdiction over the case.
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Aronow Law did an amazing job handling my bankruptcy case. They not only made the entire process smooth and stress-free, but they also went above and beyond by getting my EZPass tolls discharged—something I didn’t think was possible. Thanks to their incredible work, the suspension on my vehicle registration was lifted, and I was finally able to get back on the road. Highly recommend them!

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Frequently Asked Questions About Debt Lawsuits in New York

  • What should I do if I am sued by a debt collector in New York?

    Call an attorney immediately. You have 20 days to respond if you were served personally, or 30 days if served by another method. Do not contact the debt collector directly, do not ignore the summons, and do not make a payment before speaking with an attorney — payments can restart the statute of limitations clock on certain debts. Aronow Law can review your case and file a response within the deadline.

  • How long do I have to respond to a debt lawsuit in New York?

    Twenty days from the date of personal service, or 30 days if the summons was served by mail or substitute service. These deadlines are strict. If the deadline passes without a response, the creditor can apply for a default judgment. Aronow Law handles the filing of the answer on your behalf, preserving your defenses and preventing that outcome.

  • Can I get a debt lawsuit dismissed in New York?

    Yes, in certain circumstances. If the debt is past New York's three-year statute of limitations, if the plaintiff cannot produce adequate documentation of the debt, if the wrong party has been named, or if service was improper, a motion to dismiss may be viable. Not every case results in dismissal, but a legal review is necessary to know what defenses actually apply to your situation.

  • What is a default judgment?

    A default judgment is a court order entered against you when you fail to respond to a lawsuit within the required timeframe. It is not a finding on the merits — the court does not evaluate whether the debt is valid or the amount is correct. It is simply the consequence of not responding. Once a default judgment is entered, the creditor can garnish wages, freeze bank accounts, and place liens on property. In some cases, a default judgment can be vacated, but that process is more difficult than responding in the first place.

  • Can a collector sue me for a debt I don't remember?

    Yes — creditors and debt buyers can file suit on debts even when the account history is unclear to the person being sued. Whether the debt is legitimate, accurate, and legally collectible are separate questions that a legal review answers. Many accounts are sold multiple times between debt buyers, and the records that follow them are often incomplete. Aronow Law reviews the documentation behind the claim before any response strategy is determined.

  • How do I know if the debt is still collectible?

    The key question is when the last payment or last account activity occurred. New York's statute of limitations on most consumer credit debt is three years from that date. If that window has passed, the debt is time-barred and may not be legally enforceable in court — even if the balance is real and even if the creditor has already filed suit. Aronow Law checks this as the first step in reviewing any new creditor lawsuit case.

The Clock Is Running. Let's Get Ahead of It.

If you have been served with a debt lawsuit in New York State or anywhere on Long Island, the most important thing you can do right now is speak with an attorney before your response deadline passes. The consultation is free, has no time limit, and Darren takes the call.