South Dakota Statute of Limitations on Debt Collection
South Dakota's statute of limitations is 6 years for most debts and 15 years for mortgages. After this deadline, collectors cannot sue you, but the debt doesn't disappear from your credit report. If you're sued for time-barred debt, you must respond and raise the statute of limitations as your defense.
Answer Your LawsuitAre you stressed about an old debt? The creditor might not be able to sue you anymore. South Dakota law limits how long collectors can take legal action against you.
Debt collectors prey on South Dakota consumers every day. You need to know your rights under the statute of limitations.
Respond to Your South Dakota Debt Lawsuit Today
Don't let collectors win by default. Generate your court Answer in 15 minutes and raise the statute of limitations as your defense before your deadline passes.
File Your ResponseThe statute of limitations determines how long creditors can sue you. After this deadline passes, the debt becomes time-barred. You can use this as a defense in court.
South Dakota Debt Collection Deadlines
South Dakota has specific time limits for different debt types. These deadlines start from your last payment or account opening.
| Debt Type | Statute of Limitations |
|---|---|
| Credit card | 6 years |
| Medical | 6 years |
| Student loan | 6 years |
| Auto loan | 6 years |
| Personal loan | 6 years |
| Mortgage | 15 years |
| Judgment | 20 years |
Source: S.D. Codified Laws § 15-2-6, § 15-2-7, and § 15-2-13
How to Calculate Your Debt’s Age
You need to know when your statute of limitations started. The clock begins on your last payment date.
Never make a payment if your debt is close to expiring. A single payment restarts the entire clock. Collectors know this and will pressure you to pay.
What Happens After the Deadline Passes
Time-barred debt doesn’t disappear completely. Collectors can still call you and report to credit bureaus. But they cannot sue you in court.
If a collector does sue you, raise the statute of limitations as your defense. Our partner Solo helps you file the right court response.
Suing after the deadline violates the Fair Debt Collection Practices Act. You have legal protections against this abuse.
Stop Collector Calls With a Cease and Desist Letter
You can demand that collectors stop calling you. Send them a written cease and desist letter. They must comply by law.
Keep records of all communication. Document every violation for potential legal action.
Your Rights Under the Fair Debt Collection Practices Act
The FDCPA protects you from abusive collection tactics. Federal law gives you powerful defenses.
Collectors Cannot Contact Third Parties
Debt collectors cannot tell others about your debt. They cannot leave messages where others might hear them.
They cannot contact your employer if workplace rules prohibit it. Only your attorney and spouse can hear details about your debt.
Collectors may contact others only to find your address or phone number. They can only do this once per person.
Collectors Must Validate Your Debt
You have the right to request debt verification. Collectors must send you a validation notice within five days.
The notice must include the amount owed and creditor’s name. It must explain how to dispute the debt.
If you dispute the debt in writing, collectors must stop contact. They can only resume after sending proof you owe the money.
Collectors Cannot Harass You
Harassment violates federal law. Collectors cannot engage in these practices:
- Threatening violence or physical harm against you
- Publishing your name on a public debt list
- Using obscene or profane language during calls
- Calling repeatedly to annoy or harass you
- Calling before 8 am or after 9 pm
Collectors Cannot Lie to You
Debt collectors must tell the truth. They cannot misrepresent themselves or your situation.
Prohibited lies include:
- Claiming to be government employees or law enforcement
- Pretending to be attorneys when they are not
- Saying you committed a crime by owing debt
- Falsely claiming they work for credit bureaus
- Inflating the amount you owe
- Misrepresenting legal documents or court papers
Collectors Cannot Make False Threats
Collectors cannot threaten actions they cannot legally take. Common false threats include:
- Threatening arrest for unpaid debt
- Claiming they will seize your assets without legal authority
- Threatening lawsuits they don’t intend to file
- Saying they will garnish wages without a court order
Collectors Cannot Use Unfair Practices
Unfair collection tactics are illegal. Collectors cannot charge unauthorized fees or interest.
They cannot deposit post-dated checks early. They cannot threaten to take property they have no right to seize.
Should You Pay Time-Barred Debt?
Paying expired debt is a personal decision. The statute of limitations only prevents lawsuits.
Time-barred debt stays on your credit report for seven years. It counts from your first missed payment, not the statute deadline.
Collections hurt your credit score and financial opportunities. They can impact housing applications and loan approvals.
Some consumers choose to pay for peace of mind. Others prioritize current financial obligations instead.
Consider your entire financial situation before deciding. No one can force you to pay time-barred debt.
How to Respond to a Debt Collection Lawsuit
You must respond to every lawsuit, even for time-barred debt. Ignoring a lawsuit guarantees you lose.
File an Answer with the court before the deadline. Raise the statute of limitations as an affirmative defense.
Our partner Solo walks you through every step. You answer simple questions and get court-ready documents.
Acting quickly protects your rights. Missing your deadline results in a default judgment against you.
Take Action Against Unfair Debt Collection
You have more power than you think. South Dakota law protects you from collector abuse.
Document every violation of the FDCPA. Save voicemails, letters, and call records as evidence.
You can sue collectors who break the law. Violations can result in damages up to $1,000 plus attorney fees.
Never let collectors intimidate you into paying time-barred debt. Know your rights and use them.