South Dakota debt statute of limitations

South Dakota limitation periods by type of debt

South Dakota applies one 6-year period to contracts or liabilities, express or implied (§ 15-2-13(1)).

What the South Dakota statute says

“Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or implied,”
S.D. Codified Laws § 15-2-13(1)

“Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or implied,”
S.D. Codified Laws § 15-2-13(1)

Does paying restart the clock in South Dakota?

An acknowledgment or promise extends the period only if it is in a writing signed by the debtor (S.D. Codified Laws § 15-2-29).

“No acknowledgment or promise is sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.”
S.D. Codified Laws § 15-2-29

If a creditor wins a judgment in South Dakota

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different South Dakota rules take over.

How long a judgment lasts

In South Dakota, a judgment creditor may enforce a judgment by writ of execution at any time within twenty years after the judgment is entered (the lien on real property lasts ten years from docketing under § 15-16-7 and can be renewed under § 15-16-33).

“The party in whose favor judgment has been given, or, in case of his death or disability or incapacity, his personal representative may, at any time within twenty years after the entry of judgment, proceed to enforce the same by writ of execution”
S.D. Codified Laws § 15-18-1

Wage garnishment

South Dakota limits wage garnishment to the lesser of 20% of weekly disposable earnings or the amount above 40 times the federal (or higher state) minimum hourly wage, less $25 per week for each dependent family member living with the debtor (support and bankruptcy orders excluded).

“The maximum part of the aggregate disposable earnings of a wage earner for any workweek which is subject to garnishment may not exceed the lesser of: (1) Twenty percent of disposable earnings for that week;”
S.D. Codified Laws § 21-18-51

Small claims court

In South Dakota, a small claim may not exceed $12,000, not counting allowable costs or attorney fees.

“No claim pursuant to this chapter may exceed twelve thousand dollars, not including allowable costs or attorney fees.”
S.D. Codified Laws § 15-39-45.1

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how South Dakota treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in South Dakota?

6 years for credit-card debt and 6 years on a written contract, under S.D. Codified Laws § 15-2-13. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in South Dakota?

An acknowledgment or promise extends the period only if it is in a writing signed by the debtor (S.D. Codified Laws § 15-2-29).

How long does a court judgment last in South Dakota?

In South Dakota, a judgment creditor may enforce a judgment by writ of execution at any time within twenty years after the judgment is entered (the lien on real property lasts ten years from docketing under § 15-16-7 and can be renewed under § 15-16-33). (S.D. Codified Laws § 15-18-1).

How much of my pay can be garnished in South Dakota?

South Dakota limits wage garnishment to the lesser of 20% of weekly disposable earnings or the amount above 40 times the federal (or higher state) minimum hourly wage, less $25 per week for each dependent family member living with the debtor (support and bankruptcy orders excluded). (S.D. Codified Laws § 21-18-51).

What if I am sued on an old debt in South Dakota?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.