Informational content only. Not legal, tax, or financial advice. Private Student Relief is a consulting organization, not a law firm. Debt validation services are executed by an attorney-backed partner provider. Individual results vary by lender, loan terms, New York state law, and borrower circumstances. Last reviewed: August 2026.
Written by Henry Silva
Private Student Loan Debt Specialist · 10+ years experience helping New York borrowers navigate private student loan relief through the Consumer Credit Fairness Act (CCFA) 3-year statute of limitations at CPLR §214-i (effective April 7, 2022), Fair Debt Collection Practices Act validation under 15 U.S.C. §1692g, hardship negotiation with Sallie Mae, Navient, Discover, Wells Fargo Firstmark, and other private lenders, and New York Department of Financial Services (DFS) regulated collection practices under 23 NYCRR Part 1. Since Private Student Relief was founded in 2016, our team has helped over 29,000 clients across 48 U.S. states, including thousands of New York borrowers who benefit from the CCFA’s significant reduction in the SOL for consumer credit transactions from 6 years to 3 years — a change that most web content still has not updated to reflect. View LinkedIn profile →
New York’s Consumer Credit Fairness Act — effective April 7, 2022 — fundamentally changed private student loan defense in New York by cutting the statute of limitations from 6 years to 3 years for consumer credit transactions, adding specific pleading requirements creditors must meet to file a lawsuit, and prohibiting SOL revival by payment. Combined with New York’s DFS-regulated collection framework and wage garnishment caps, New York borrowers have meaningful procedural leverage — but only if they understand which SOL applies and how to invoke it.
What are the strongest private student loan relief options for New York borrowers in 2026?
New York borrowers have five main pathways: FDCPA debt validation under 15 U.S.C. §1692g, statute of limitations defense (3-year window under CPLR §214-i post-CCFA, or 6-year fallback under CPLR §213(2) if a loan is somehow excluded from consumer credit classification), lender hardship modification, negotiated resolution through an attorney-backed partner provider, and — if sued — filing an Answer within 20 to 30 days depending on service method. New York’s Consumer Credit Fairness Act also imposes strict pleading requirements on debt collector plaintiffs and prohibits SOL revival by payment under GOL §17-101, both of which shift procedural leverage toward the borrower.
What this guide covers
The New York legal landscape for private student loan borrowers
The Consumer Credit Fairness Act and 3-year SOL
CCFA pleading requirements and how they help borrowers
New York wage garnishment caps and income exemptions
New York homestead exemption tiers by county
Answering a lawsuit in New York: 20 vs 30 day deadlines
DFS-regulated collection and FDCPA validation for NY borrowers
Common New York private student loan myths
Frequently asked questions from New York borrowers
The New York landscape for private student loan borrowers
New York is home to approximately 2.4 million student loan borrowers, of whom the Consumer Financial Protection Bureau estimates roughly 275,000 hold private student loans. New York has one of the most active regulatory environments for consumer debt in the United States — the state Department of Financial Services (DFS) regulates debt collectors under 23 NYCRR Part 1, the Attorney General’s Bureau of Consumer Frauds and Protection actively enforces debt collection statutes, and the state legislature has enacted some of the strongest procedural protections in the country through the Consumer Credit Fairness Act of 2022.
The core statutes that a New York private student loan borrower needs to understand fall into five categories: statute of limitations under CPLR §214-i and §213(2), procedural pleading requirements under the CCFA (CPLR §3016(j)), wage garnishment caps under CPLR §5231, homestead exemption at CPLR §5206, and debt collector regulation under 23 NYCRR Part 1 (DFS regulations) plus General Business Law §600-609. Federal FDCPA at 15 U.S.C. §1692 operates in parallel.
The single most important legal change affecting New York private student loan defense in the last decade is the Consumer Credit Fairness Act, signed into law November 2021 and effective April 7, 2022. Before CCFA, private student loans in New York were subject to a 6-year SOL under CPLR §213(2) as written contracts. After CCFA, most private student loans qualify as “consumer credit transactions” subject to the new 3-year SOL under CPLR §214-i. This change has cut the enforcement window in half — but most web content, and many collectors, still operate as if the 6-year rule applies.
The Consumer Credit Fairness Act and 3-year SOL
The Consumer Credit Fairness Act (CCFA), enacted as Chapter 593 of the Laws of 2021, added a new statute of limitations at CPLR §214-i and made related amendments to CPLR §3016 (pleading requirements) and General Obligations Law §17-101 and §17-105 (revival rules). CCFA took effect April 7, 2022 and applies to lawsuits filed on or after that date. Its central provision reduces the statute of limitations for “consumer credit transactions” from 6 years to 3 years.
The CCFA defines “consumer credit transaction” by reference to CPLR §105(f), which covers “a transaction wherein credit is extended to an individual and the money, property, or service which is the subject of the transaction is primarily for personal, family or household purposes.” Private student loans used to finance educational expenses are almost universally understood to fall within this definition because education is a personal or family purpose under the statute — as distinct from business credit or investment credit. Most commentary from the New York consumer defense bar treats private student loans as consumer credit transactions covered by CCFA.
The 3-year clock begins on the date of the first default that gave rise to the cause of action — typically the date of the first missed payment that triggered acceleration of the loan. If a New York borrower defaulted on a private student loan in June 2022, the SOL under CCFA expires in June 2025. If the collector files suit in July 2025 or later, the suit is time-barred and the borrower can move to dismiss on SOL grounds.
The 6-year fallback under CPLR §213(2)
If a court in a specific case were to find that a particular private student loan does not qualify as a “consumer credit transaction” under CPLR §105(f) — for instance, if the loan financed something other than qualified educational expenses — the fallback SOL under CPLR §213(2) for written contract actions would apply. CPLR §213(2) sets a 6-year statute of limitations for actions upon a contractual obligation. This fallback has become less relevant in practice as consumer credit classification for standard private student loans has been well-accepted, but it remains the default rule for non-consumer transactions.
In practical litigation, a New York private student loan defendant should plead both CCFA (CPLR §214-i, 3-year) and CPLR §213(2) (6-year) as affirmative defenses when applicable. If the loan defaulted more than 6 years before suit, both statutes bar the action. If the loan defaulted between 3 and 6 years before suit, only CCFA bars the action — and the borrower must argue that the loan qualifies as a consumer credit transaction, which requires the plaintiff to have documented the specific use of loan proceeds.
CCFA elimination of SOL revival by payment
Prior to CCFA, GOL §17-101 allowed a written and signed acknowledgment of a debt to restart the SOL, and case law had extended this to include partial payments that could be interpreted as acknowledgment. This created a trap for unwary borrowers who made small good-faith payments on old debts and inadvertently restarted the SOL clock. CCFA amended GOL §17-101 and §17-105 to specifically prohibit revival of consumer credit transaction claims through payment or oral acknowledgment. A written acknowledgment can still revive if it meets strict CCFA criteria including specific disclosures — a requirement that most collector correspondence fails to satisfy.
The practical effect for New York private student loan borrowers is significant: making a small payment on a time-barred private student loan should not restart the SOL as long as the transaction qualifies as consumer credit under CCFA. This is a marked departure from pre-2022 New York law and from the law in most other states. However, “should not restart” is not “definitely does not restart” — case law under CCFA is still developing, and specific factual circumstances matter. Borrowers approaching or beyond the SOL should still avoid partial payments and get case-specific advice before any communication with collectors.
CCFA pleading requirements and how they help borrowers
Beyond the SOL reduction, CCFA added CPLR §3016(j) — a new pleading requirement that debt collector plaintiffs must satisfy to file suit on consumer credit transactions in New York. The complaint must specify: the name of the original creditor, the last four digits of the account, the date of the original transaction, the date and amount of the last payment, the amount claimed as due and owing, and — critically — for debt buyers, the complete chain of assignment documentation from the original creditor to the current plaintiff.
If the complaint fails to satisfy these pleading requirements, the defendant can move to dismiss under CPLR §3211(a)(7) for failure to state a cause of action. Many complaints filed by debt buyers on private student loans that have been sold multiple times cannot satisfy the chain of assignment requirement because the assignment documentation was lost, never transferred with the account, or was inadequately maintained. The CFPB enforcement action against the National Collegiate Student Loan Trusts documented systemic inability of certain debt buyers to produce adequate assignment documentation, and this pattern extends to many other private student loan portfolios that have been transferred between multiple buyers.
The CCFA also requires the plaintiff to attach specific documentation to the complaint or affidavit of merit, including a copy of the contract, an itemized accounting of the debt from origination to filing, and evidence of the assignment chain. These attachments are not merely procedural — they are substantive requirements that shift the burden of proof toward the plaintiff at the pleading stage rather than at trial. A New York private student loan borrower whose suit does not include adequate CCFA-required attachments has strong grounds for early motion practice.
New York wage garnishment caps and income exemptions
Unlike Texas, New York does allow wage garnishment for private consumer debt including private student loans — but caps it below federal defaults. Under CPLR §5231(b), income execution is limited to the lesser of 10% of gross income or 25% of disposable weekly earnings. Federal law under 15 U.S.C. §1673 allows up to 25% of disposable earnings, so New York’s 10% gross income cap generally produces a lower garnishment amount than federal law would allow.
Additionally, CPLR §5231(b) provides that no income execution can issue if the debtor’s disposable weekly earnings are less than 30 times the higher of the federal or state minimum wage. As of 2026, New York State minimum wage is $16.50 per hour for New York City, Long Island, and Westchester, and $15.50 per hour for the rest of the state. Thirty times $16.50 is $495 per week, or approximately $2,145 per month — the floor below which no garnishment can occur. Thirty times $15.50 is $465 per week, or approximately $2,015 per month for upstate borrowers.
The practical effect is that low-wage New York workers are effectively protected from private consumer debt wage garnishment through the minimum wage multiplier floor, and middle-income workers face a 10% cap that is substantially below federal defaults. High-income earners face the same cap in percentage terms even though the absolute dollar garnishment is larger. All figures should be verified against current statutory language before relying on them for case-specific decisions.
Protected income categories
Certain income categories are fully exempt from garnishment regardless of amount, including Social Security benefits under 42 U.S.C. §407, Supplemental Security Income (SSI), Veterans Administration benefits under 38 U.S.C. §5301, public assistance, unemployment insurance, workers’ compensation, and disability payments. This exemption follows the funds — if these benefits are deposited into a bank account, the funds retain their exempt status subject to the two-month lookback rule under 31 C.F.R. §212 for federal benefits.
Retirement account funds in qualified accounts under ERISA and the Internal Revenue Code are generally exempt from creditor claims. New York-specific exemptions at CPLR §5205 include $1,150 in cash and various categories of household goods, tools of trade, and personal property. These exemptions apply to bank account levies and to post-judgment collection generally.
New York homestead exemption tiers by county
The New York homestead exemption at CPLR §5206 was significantly increased in 2022 and is now tiered by county to reflect regional variation in real estate values. The current exemption amounts (subject to periodic inflation adjustment) are: approximately $179,975 for property located in Kings (Brooklyn), Queens, New York (Manhattan), Bronx, Richmond (Staten Island), Nassau, Suffolk, Rockland, Westchester, and Putnam counties; approximately $149,975 for Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster counties; and approximately $89,975 for all other counties. These figures should be verified against current statutory language before relying on them for case-specific decisions.
The exemption applies to real property used as the principal residence of the debtor. It protects the specified amount of equity in the home from judgment creditor execution. If a home has more equity than the exemption amount, creditors could theoretically force sale with the debtor receiving the exempt amount from proceeds — though in practice this is rare because of the costs and complexities involved. For most middle-class New York homeowners, the tiered homestead exemption provides substantial protection against private student loan judgment enforcement.
The federal bankruptcy homestead cap under 11 U.S.C. §522(p) may limit exemption to $214,000 (as of 2026) for property acquired within 1,215 days of a bankruptcy filing, though this federal cap applies only in bankruptcy proceedings, not in state-court judgment collection. New York permits debtors filing bankruptcy to elect either state or federal exemptions under 11 U.S.C. §522(b), and the choice depends on case-specific factors that bankruptcy counsel should evaluate.
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Answering a lawsuit in New York: 20 vs 30 day deadlines
If a New York resident is served with a summons and complaint on a private student loan, the deadline to appear and answer depends on the method of service under CPLR §320(a). Personal service in-hand within the state gives the defendant 20 days to appear. Service by any other authorized method — including “nail and mail” service under CPLR §308(4), service on a designated agent, or service outside New York — gives the defendant 30 days to appear.
“Appearance” typically means filing a Notice of Appearance or an Answer with the court. An Answer is the substantive response denying allegations and pleading affirmative defenses. A Notice of Appearance alone preserves procedural rights but does not respond substantively to the complaint and does not by itself preserve affirmative defenses. In practice, filing an Answer within the deadline is usually the correct response for a private student loan defendant.
Missing the appearance deadline typically results in the plaintiff seeking default judgment under CPLR §3215. Once entered, a default judgment is difficult and expensive to vacate. CPLR §5015 allows a motion to vacate on grounds including excusable default, newly discovered evidence, fraud, misconduct, or lack of jurisdiction — but these grounds require specific proof and generally require prompt motion practice after learning of the default judgment.
What to include in a New York Answer
A New York Answer must respond to each numbered paragraph of the complaint with an admission, denial, or statement that the defendant lacks knowledge sufficient to form a belief as to the truth. Affirmative defenses must be pleaded specifically. For private student loan cases, the most important affirmative defenses to plead are: statute of limitations under CPLR §214-i (CCFA 3-year) and CPLR §213(2) (6-year fallback); failure to satisfy CCFA pleading requirements under CPLR §3016(j); lack of standing (plaintiff is not the real party in interest); failure of consideration; payment; and defective assignment through the chain of ownership.
Standing challenges are particularly powerful for New York private student loans that have been sold or assigned to debt buyers. Under both CCFA pleading requirements and general standing doctrine, the plaintiff must be able to prove ownership of the specific debt at the time of filing. If the plaintiff cannot produce complete chain of assignment documentation from the original lender through each intermediate holder to the current plaintiff, the case may be subject to dismissal for lack of standing. Combined with CCFA §3016(j) pleading requirements, this creates a substantial hurdle for many debt buyer plaintiffs.
DFS-regulated collection and FDCPA validation for New York borrowers
New York regulates debt collectors through the Department of Financial Services under 23 NYCRR Part 1, which imposes substantive obligations beyond federal FDCPA. DFS-regulated obligations include: written notice within five days of first contact that includes specific debt information; documentation upon request within 30 days including verification and itemization of the debt from origination; restrictions on communication methods and times; and required specific disclosures on validation notices. Violations of DFS regulations can be reported to the DFS Consumer Assistance Unit and may support private civil action under General Business Law §349.
Federal FDCPA at 15 U.S.C. §1692g provides the parallel validation right — within 30 days of the initial written communication from a debt collector, a borrower can send a written request for validation, and the collector must cease all collection activity until it provides written verification of the debt. Effective validation verification requires proof of the original account, evidence of the assignment chain if applicable, accurate accounting of the debt, and evidence of collector authority. Many debt buyers who purchased private student loan portfolios at cents on the dollar cannot produce this documentation, particularly for older accounts. If validation cannot be provided, collection must stop permanently.
New York borrowers can invoke both federal FDCPA validation and state DFS regulatory rights in parallel. Private Student Relief coordinates with an attorney-backed partner provider that executes the FDCPA validation procedures on behalf of clients — filing written requests, tracking response deadlines, evaluating the sufficiency of collector responses, and preserving evidence of any violations that may support future counterclaims. This is a right guaranteed by federal law, not a settlement service, and the mechanism operates identically whether the borrower is engaged with a collector pre-litigation or defending a filed lawsuit.
General Business Law §349 as a collector accountability tool
New York General Business Law §349 prohibits “deceptive acts or practices in the conduct of any business, trade or commerce” and provides a private right of action for consumers injured by such practices. In debt collection contexts, GBL §349 has been used to challenge misrepresentations about debt validity, false threats of legal action, misleading statements about collection consequences, and other deceptive collector conduct. Damages available include actual damages, statutory damages up to $50 per violation (increased to $1,000 in the court’s discretion), attorney’s fees, and injunctive relief. Combined with FDCPA remedies under 15 U.S.C. §1692k, a New York borrower who documents collector misconduct may have counterclaims that offset or exceed the underlying debt.
Common New York private student loan myths
Myth 1
“The New York statute of limitations on private student loans is 6 years.”
Reality: This was true before April 7, 2022. After the Consumer Credit Fairness Act took effect, the SOL for consumer credit transactions — which almost certainly includes private student loans — is 3 years under CPLR §214-i. The 6-year SOL under CPLR §213(2) remains as the fallback for transactions that are not consumer credit, but for standard private student loans the 3-year rule applies. Most web content still cites the 6-year rule because it has not been updated post-CCFA. Verify with a New York-licensed attorney familiar with post-CCFA practice before making decisions based on SOL calculations.
Myth 2
“A small payment on an old private student loan will restart the SOL in New York.”
Reality: For consumer credit transactions post-CCFA, this is no longer true. CCFA amended GOL §17-101 and §17-105 to specifically prohibit revival of consumer credit transaction claims through payment or oral acknowledgment. A written acknowledgment can still revive the SOL, but only if it meets strict CCFA disclosure requirements that most collector correspondence fails to satisfy. However, “prohibited by statute” is not the same as “definitely safe” — case law is still developing. Borrowers approaching or beyond the SOL should still avoid partial payments and get case-specific advice before any communication with collectors.
Myth 3
“New York allows creditors to garnish 25% of my wages for a private student loan.”
Reality: Federal law under 15 U.S.C. §1673 allows up to 25% of disposable earnings for most debts, but New York caps it at the lower of 10% of gross income or 25% of disposable weekly earnings under CPLR §5231(b). Additionally, no garnishment can issue if the debtor’s disposable weekly earnings are less than 30 times the higher of federal or state minimum wage — which effectively protects low-wage workers from garnishment entirely. New York’s caps produce lower garnishment amounts than federal defaults for most borrowers.
Myth 4
“If I ignore the collector, they will eventually give up and stop contacting me.”
Reality: Ignoring collectors does not resolve private student loan debt. Collectors will typically continue contact attempts, may sell the debt to another buyer who restarts collection efforts, may report the debt to credit bureaus (subject to the separate 7-year FCRA reporting limit), and may eventually file suit. Active engagement through FDCPA validation, SOL defense, or negotiated resolution generally produces better outcomes than passive avoidance. New York’s DFS regulations and CCFA procedural protections give informed borrowers real leverage, but only if they actually invoke those protections.
Frequently asked questions from New York borrowers
What is the statute of limitations on private student loans in New York?
The Consumer Credit Fairness Act, effective April 7, 2022, established a 3-year statute of limitations for consumer credit transactions at CPLR §214-i. Private student loans used for personal or family educational purposes almost universally qualify as consumer credit transactions. The 6-year SOL under CPLR §213(2) for written contracts remains as the fallback for non-consumer transactions. The 3-year clock generally begins on the date the loan was accelerated after default. Once expired, the collector’s right to sue is barred, though the debt itself remains valid until fully resolved.
Can my wages be garnished in New York for a private student loan?
Yes, but the cap under CPLR §5231(b) is the lesser of 10% of gross income or 25% of disposable weekly earnings — substantially below the 25% federal default under 15 U.S.C. §1673. No garnishment can issue if disposable weekly earnings are less than 30 times the applicable minimum wage — approximately $2,145 monthly in NYC/Long Island/Westchester at $16.50/hr state minimum, and approximately $2,015 monthly upstate at $15.50/hr. Social Security, VA benefits, unemployment, and workers’ compensation are fully exempt regardless of amount.
If I get sued in New York court, how long do I have to respond?
Under CPLR §320(a), personal service in-hand within New York gives the defendant 20 days to appear. Any other authorized method of service — including “nail and mail,” service on a designated agent, or service outside New York — gives the defendant 30 days. Filing an Answer within the deadline preserves affirmative defenses including CCFA SOL under CPLR §214-i, CCFA pleading challenges under §3016(j), standing challenges, and other defenses. Missing the deadline typically results in a default judgment for the full amount claimed.
What pleading requirements must a collector meet to sue me in New York?
Under CPLR §3016(j) added by CCFA, a debt collector plaintiff must specifically plead the name of the original creditor, the last four digits of the account, the date of the original transaction, the date and amount of the last payment, the amount claimed as due, and — for debt buyers — the complete chain of assignment from the original creditor to the current plaintiff. Documentation supporting these allegations must be attached. If the complaint fails to satisfy these requirements, the defendant can move to dismiss under CPLR §3211(a)(7).
Does the New York homestead exemption protect my home from private student loan collection?
The New York homestead exemption at CPLR §5206 protects approximately $179,975 of home equity in Kings, Queens, Manhattan, Bronx, Staten Island, Nassau, Suffolk, Rockland, Westchester, and Putnam counties; approximately $149,975 in Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; and approximately $89,975 in other counties. These figures are subject to periodic inflation adjustment. For homes with equity within the exemption amount, the property is generally protected from forced sale by a private student loan judgment creditor. Homes with equity substantially above the exemption may theoretically be subject to forced sale, though in practice this is rare.
Does making a small payment restart the SOL on my private student loan in New York?
For consumer credit transactions post-CCFA (effective April 7, 2022), payment does not restart the SOL under amended GOL §17-101 and §17-105. Oral acknowledgment also does not restart it. A written acknowledgment can revive the SOL only if it meets specific CCFA disclosure requirements that most collector correspondence fails to satisfy. This is a significant change from pre-2022 New York law. However, case law is still developing and specific factual circumstances matter — borrowers should avoid partial payments on old debts and consult case-specific counsel before any communication.
How do I start the private student loan validation process in New York?
Start by completing the free 5-minute eligibility check at Private Student Relief’s application page. A specialist will review your specific situation — including current collector, debt amount, default date for CCFA SOL analysis, lawsuit status if applicable, and New York-specific DFS regulatory considerations — and coordinate with our attorney-backed partner provider to determine which relief pathways apply. The eligibility review has no upfront fees and no obligation.
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Private Student Relief helps New York borrowers navigate the state’s post-CCFA framework — 3-year SOL under CPLR §214-i, CCFA pleading requirements under §3016(j), 10% gross income garnishment cap under §5231, tiered homestead exemption under §5206, and DFS-regulated collection under 23 NYCRR Part 1 — through FDCPA validation, hardship negotiation, and lawsuit defense coordination with our attorney-backed partner provider.
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About the Author: Henry Silva
Private Student Loan Debt Specialist at Private Student Relief with 10+ years of experience helping New York borrowers navigate the Consumer Credit Fairness Act 3-year statute of limitations at CPLR §214-i (effective April 7, 2022), the CPLR §3016(j) pleading requirements, the 6-year fallback SOL under CPLR §213(2) for non-consumer transactions, the CPLR §5231 wage garnishment cap (10% gross or 25% disposable, whichever is less), the CPLR §5206 tiered homestead exemption, the CPLR §5205 personal property exemptions, the New York General Business Law §349 deceptive practices private right of action, and the New York Department of Financial Services debt collection regulations at 23 NYCRR Part 1. Since Private Student Relief was founded in 2016, Henry has coordinated FDCPA validation strategies under 15 U.S.C. §1692g, hardship modification negotiations with Sallie Mae, Navient, Discover, Wells Fargo Firstmark Services, Citizens Bank, SoFi, Earnest, and other private lenders, statute of limitations defenses, and New York-specific lawsuit defense — working with an attorney-backed partner provider that executes debt validation procedures on behalf of clients across all 48 states served (excluding South Carolina and Mississippi). View LinkedIn profile → Not a licensed attorney; provides informational content only.
Disclaimer: Informational content only. Not legal, tax, or financial advice. Henry Silva is a Private Student Loan Debt Specialist, not a licensed attorney, tax professional, or bankruptcy trustee. Private Student Relief is operated by Joco (555 Anton Blvd Suite 368, Costa Mesa CA 92626) and is a private student loan relief consulting organization — not a law firm, tax advisory firm, or affiliate of any private student loan lender. We do not represent borrowers in litigation, file bankruptcy petitions, or provide legal representation of any kind. We help borrowers coordinate with vetted attorney-backed partner provider services that execute FDCPA-compliant debt validation procedures under 15 U.S.C. §1692g. Ratings, BBB accreditation, AADR membership, and industry tenure referenced elsewhere on privatestudentrelief.com belong to our attorney-backed partner provider, not to Private Student Relief. Statutory references summarized for educational purposes: New York Consumer Credit Fairness Act (Chapter 593, Laws of 2021, effective April 7, 2022); NY Civil Practice Law and Rules §214-i (3-year SOL for consumer credit transactions), §213(2) (6-year written contract SOL fallback), §3016(j) (CCFA pleading requirements), §3211(a)(7) (motion to dismiss for failure to state cause of action), §3215 (default judgment procedure), §320(a) (appearance deadlines 20/30 days), §308(4) (nail and mail service), §5015 (motion to vacate judgment), §5205 (personal property exemptions), §5206 (tiered homestead exemption), §5231 (income execution 10% gross / 25% disposable cap); NY General Obligations Law §17-101 and §17-105 (CCFA revival prohibition on payment/oral acknowledgment for consumer credit transactions); NY General Business Law §349 (deceptive practices private right of action, statutory damages up to $50/$1,000 discretion), §600-609 (Consumer Debt Collection Practices); NY 23 NYCRR Part 1 (DFS Debt Collection Regulations); NY CPLR §105(f) (consumer credit transaction definition); federal Fair Debt Collection Practices Act at 15 U.S.C. §1692 including §1692g (validation rights) and §1692k (damages); federal Consumer Credit Protection Act at 15 U.S.C. §1673 (federal wage garnishment cap 25% disposable); Social Security Act exemption at 42 U.S.C. §407; VA benefits exemption at 38 U.S.C. §5301; Treasury regulations on federal benefit garnishment protection at 31 C.F.R. Part 212; federal bankruptcy homestead cap at 11 U.S.C. §522(p); state vs federal exemption election at 11 U.S.C. §522(b); qualified education loan discharge standard at 11 U.S.C. §523(a)(8). Consult a New York-licensed attorney familiar with your specific situation for case-specific advice, particularly for post-CCFA case law which continues to develop. Homestead exemption dollar figures, minimum wage figures, and inflation-adjusted amounts should be verified against current statutory language before relying on them for case-specific decisions. Individual results vary based on lender, loan terms, New York state law, and borrower circumstances. Private Student Relief serves 48 U.S. states — services are not available to residents of South Carolina or Mississippi. Last reviewed: August 2026.