Statute of Limitations on Debt in South Dakota
How long a creditor or collector has to sue you over a debt in South Dakota, and whether a payment restarts the clock.
Short answer: 6 years for an action on a contract, obligation or liability, express or implied. South Dakota uses the same period for written and oral contracts. SDCL 15-2-13(1)
| Time limit to sue on a written contract | 6 years for an action on a contract, obligation or liability, express or implied. South Dakota uses the same period for written and oral contracts. Source: SDCL 15-2-13(1) |
|---|---|
| Time limit for credit cards and open accounts | 6 years, the same as written contracts (contracts express or implied). Source: SDCL 15-2-13(1) |
| Can a payment restart the clock? | An acknowledgment or new promise extends the limitations period only if it is in a writing signed by the debtor. The statute states that this writing rule does not change the effect of a payment of principal or interest. The statute does not itself spell out how long a part payment extends the period. Source: SDCL 15-2-29 |
Where to get help in South Dakota
More South Dakota debt & collections
- Wage Garnishment in South Dakota
- How to Respond to a Debt Collection Lawsuit in South Dakota
- What Creditors Can't Take in South Dakota
- All South Dakota debt & collections rules
FAQ
What is the statute of limitations on debt in South Dakota?
6 years for an action on a contract, obligation or liability, express or implied. South Dakota uses the same period for written and oral contracts.
How long can a creditor sue on a credit card debt in South Dakota?
6 years, the same as written contracts (contracts express or implied).
Does making a payment restart the statute of limitations in South Dakota?
An acknowledgment or new promise extends the limitations period only if it is in a writing signed by the debtor. The statute states that this writing rule does not change the effect of a payment of principal or interest.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.