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Statute of Limitations on Debt in South Dakota

In South Dakota, the deadline is 6 years for written and oral contracts, open accounts and promissory notes.

Last checked . General information, not legal advice.

South Dakota at a glance

Written contracts
6 years
Oral contracts
6 years
Promissory notes
6 years
Runs from the due date, or the accelerated due date, of the note.
Open accounts
6 years
Open accounts fall under the general rule for contracts express or implied.

Sources

Last checked

The rules in South Dakota

What is the statute of limitations for a written contract in South Dakota?

Written contracts in South Dakota: 6 years.

What is the statute of limitations for an oral contract in South Dakota?

Oral contracts in South Dakota: 6 years.

What is the statute of limitations on a promissory note in South Dakota?

Promissory notes in South Dakota: 6 years. Runs from the due date, or the accelerated due date, of the note.

What is the statute of limitations on an open account, such as a credit card, in South Dakota?

Open accounts in South Dakota: 6 years. Open accounts fall under the general rule for contracts express or implied.

Where do the South Dakota statutes of limitations on debt come from?

The rules above come from SDCL 15-2-13 and SDCL 57A-3-118. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The clock usually starts when the debt is breached, which for a loan or account is often the date of the missed payment or the last payment made. In some states a new payment or a written acknowledgment of the debt can restart or extend the period, so the starting date matters as much as the length.

A statute of limitations is generally a defense the person being sued has to raise. If a lawsuit on an old debt is filed and nobody responds, the court can enter a judgment even if the period had expired. Judgments have their own, separate enforcement periods.

Which state's deadline applies is not always obvious. Contracts may contain a choice of law clause, and some states have borrowing statutes that apply a shorter period from another state. Federal rules also bar debt collectors from suing or threatening to sue on time-barred consumer debt. For a specific dispute, check the statute and consider talking to an attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.