Stopping a Debt Collector in New York
A debt collector keeps calling me — here's what New York law says and what to do next.
Statute: N.Y. Gen. Bus. Law § 601 et seq. (New York Debt Collection Procedures / Consumer Credit Fairness Act)
Deadline: 1095 days
Penalty: New York's Consumer Credit Fairness Act reduced the SOL for consumer credit transactions to 3 years. Violations may result in actual damages, statutory damages up to $1,000, and attorney fees. Collectors must provide specific disclosures
What is stopping a debt collector?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits what debt collectors can do when trying to collect money from you. It covers third-party collectors — companies that buy or collect debts on behalf of someone else — not the original creditor.
Under the FDCPA, debt collectors cannot harass you, lie to you, or use unfair tactics. They cannot call you before 8 a.m. or after 9 p.m., threaten violence, use profane language, or tell other people about your debt. You also have the right to tell a collector to stop contacting you entirely by sending a written request.
What to Do If a Debt Collector Is Harassing You
Step 1: Ask the collector for a "debt validation letter." Under the FDCPA (15 U.S.C. § 1692g), the collector must send you written notice within five days of first contact that includes the amount of the debt, the name of the creditor, and your right to dispute it.
Step 2: If you do not believe you owe the debt, send a written dispute within 30 days of receiving the validation notice. Send it by certified mail with return receipt requested. The collector must stop collection efforts until they verify the debt.
Step 3: Keep records. Save every letter, write down the date and time of every call, and note what the collector said. This documentation is critical if you need to file a complaint or lawsuit.
Step 4: If you want the calls to stop, send a cease-and-desist letter by certified mail. Once they receive it, they must stop contacting you (with limited exceptions for legal notices).
Step 5: File a complaint with the CFPB at consumerfinance.gov/complaint or call (855) 411-2372. You can also file with your state attorney general.
How New York differs from federal law
New York provides strong consumer protections against aggressive debt collection:
- NY General Business Law § 601: Prohibits deceptive and unconscionable debt collection practices. Like the federal FDCPA, it bans harassment, threats, and misleading statements by collectors.
- Statute of limitations: The statute of limitations on most consumer debt in New York is 6 years (CPLR § 213). After that, a collector cannot file a lawsuit to collect.
- NYC Consumer Protection Law: New York City residents have additional protections under the NYC Department of Consumer and Worker Protection (DCWP) rules, including requirements that collectors provide a written notice of rights.
- Exempt income: New York exempts the greater of 90% of wages or 30 times the federal minimum wage from garnishment (CPLR § 5205). Social Security, veterans benefits, and public assistance are fully exempt.
Additional steps in New York
File complaints with the New York Attorney General at ag.ny.gov or call (800) 771-7755. In New York City, file with the NYC Department of Consumer and Worker Protection (DCWP) at nyc.gov/consumers.
What you should NOT do
Don't ignore debt collectors entirely. While you have the right to stop contact, ignoring a legitimate debt could lead to a lawsuit, wage garnishment, or damage to your credit score. Understand what you owe before deciding your next step.
Don't give personal financial information over the phone. Scammers often pose as debt collectors. Never give your bank account number, Social Security number, or credit card number to someone who calls you about a debt.
Don't make a payment on very old debt without understanding the consequences. In many states, making even a small payment on a time-barred debt can restart the statute of limitations, giving the collector the right to sue you again.
Don't agree to a payment plan you cannot afford. Collectors may pressure you into committing to payments that stretch your budget. You are not required to agree to their terms — you can negotiate or seek help from a nonprofit credit counselor.
Don't wait — the clock is ticking.
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Generate your debt validation →This page is general legal information for New York, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in New York.