united-states new-york-state debt new-york-city
Does tolling apply to the statute of limitations in New York State?
<p>More specifically, for a private unsecured debt with a statute of limitations (SoL) of 6 years in New York State, will the SoL be tolled (paused) if the debtor leaves the state, or the country (or both)?</p>

<p>Here's what the NYS CPLR (New York Civil Practice Law and Rules) says, but I can't find anything on tolling:</p>

<p><a href="http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-213.html" rel="nofollow noreferrer">http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-213.html</a></p>

<p>Yes, the statute of limitations in New York can toll if a person is out of state for a long period of time.  See <a href="http://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-207.html" rel="nofollow noreferrer">CVP § 207. Defendant's absence from state or residence under false name</a>:</p>
<blockquote>
<p>If, when a cause of action accrues against a person, he is without the state, the time within which the action must be commenced shall be computed from the time he comes into or returns to the state.  If, after a cause of action has accrued against a person, that person departs from the state and remains continuously absent therefrom for four months or more, or that person resides within the state under a false name which is unknown to the person entitled to commence the action, the time of his absence or residence within the state under such a false name is not a part of the time within which the action must be commenced.  If an action is commenced against a person described above, the time within which service must be made on such person in accordance with subdivisions (a) and (b) of section three hundred six-b of this chapter shall be computed in accordance with this section.  This section does not apply:</p>
<p>1. while there is in force a designation, voluntary or involuntary, made pursuant to law, of a person to whom a summons may be delivered within the state with the same effect as if served personally within the state;  or</p>
<p>2. while a foreign corporation has one or more officers or other persons in the state on whom a summons against such corporation may be served;  or</p>
<p>3. while jurisdiction over the person of the defendant can be obtained without personal delivery of the summons to the defendant within the state.</p>
</blockquote>
