Statute of limitations on debt in South Dakota

6 years to sue on a written contract or an open account (SDCL 15-2-13(1) (6 years for an action on a contract, obligation or liability, express or implied)).

Short answer

A new acknowledgment or promise counts only if it is in writing and signed by you. The law says this does not change the effect of a payment of principal or interest, so a payment may restart the clock.

Written contracts
6 years
Open accounts and unwritten agreements
6 years

How long collectors have to sue in South Dakota

Law
SDCL 15-2-13(1) (6 years for an action on a contract, obligation or liability, express or implied)
Official text
Read the law

With 6 years, South Dakota shares the most common limit in our 48 state guides (22 states). Nearby, the written-contract limit is 6 years in North Dakota, 6 years in Minnesota, 10 years in Iowa and 5 years in Nebraska.

If a collector breaks the law in South Dakota

Your right to sue a collector: South Dakota has no separate state debt collection act. You can use your rights under the federal FDCPA, including suing a collector within one year of a violation (as the South Dakota Attorney General's debt collection guide explains).

Can a payment restart the clock in South Dakota?

A new acknowledgment or promise counts only if it is in writing and signed by you. The law says this does not change the effect of a payment of principal or interest, so a payment may restart the clock. (SDCL 15-2-29)

Is my debt too old? Check South Dakota's time limit

South Dakota: 6 years for a written contractEnter the date of your last payment to see when the time limit ends.

An old debt in a South Dakota court

Raise the time limit in your answer. Time to answer in South Dakota: 30 days after the complaint is served on you (circuit court)

If you do not serve an answer within 30 days, the collector can ask the court for a default judgment, which can lead to garnishment.

What to do if you are sued in South Dakota

Steps for an old debt in South Dakota

  1. Think before you pay or sign

    In South Dakota: A new acknowledgment or promise counts only if it is in writing and signed by you. The law says this does not change the effect of a payment of principal or interest, so a payment may restart the clock.

  2. Dispute the debt in writing

    A dispute letter sent within 30 days of the validation notice makes the collector verify the debt.

  3. Complain about a suit on a time-barred debt

    Complain to South Dakota Attorney General, Division of Consumer Protection and to the CFPB at consumerfinance.gov/complaint. Phone: 1-800-300-1986 (in South Dakota); 605-773-6585 for the hearing impaired.

Old debts and your credit report

A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)). A collection can stay on your credit report up to 7 years, counted from 180 days after the first missed payment (15 U.S.C. 1681c). Read the time-barred debt guide.

Free help in South Dakota

Questions about old debts in South Dakota

What is the statute of limitations on debt in South Dakota?

6 years for written contracts and 6 years for open accounts and unwritten agreements (SDCL 15-2-13(1) (6 years for an action on a contract, obligation or liability, express or implied)).

If I pay part of an old debt in South Dakota, does the time limit start over?

A new acknowledgment or promise counts only if it is in writing and signed by you. The law says this does not change the effect of a payment of principal or interest, so a payment may restart the clock. (SDCL 15-2-29)

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