State file — South Dakota
Every number below names the law it comes from (its statute citation), checked October 18, 2026. Where a number comes from a secondary source instead of the official text, this page says so — double-check it before you rely on it.
| How long they have to sue you — credit-card debt | 6 years · SDCL § 15-2-13 Primary text opened at sdlegislature.gov: actions 'upon a contract, obligation, or liability, express or implied' must be commenced within 6 years (SDCL 15-2-13(1)) - no written/open split. Nationally important: major card issuers (e.g. Citibank, Wells Fargo) site operations in SD and card agreements commonly choose SD law, importing this 6-year period via choice-of-law clauses. |
| If the clock has run out | Paying part of it, or signing a written statement that the debt is yours, can restart it. SDCL § 15-2-29 From a secondary source — double-check before you rely on it Section 15-2-29 (title verified in the official chapter index: 'Writing required for acknowledgment or promise') requires a signed writing for an acknowledgment or new promise, but expressly preserves the effect of part payment of principal or interest - so a payment can also restart the period. Exact payment mechanics flagged as not fully confirmed in secondary analysis. |
| Deadline to answer a lawsuit | Serve an answer within 30 days after service of the complaint · SDCL § 15-6-12(a) (S.D. R. Civ. P. 12(a)) From a secondary source — double-check before you rely on it |
| Taking your paycheck (wage garnishment) | More protective than the federal cap. State cap more protective than federal: garnishable amount is the lesser of 20% of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the minimum wage, less $25 per dependent family member in the household. SDCL § 21-18-51 From a secondary source — double-check before you rely on it |
| Taking your bank account (a levy) | No South Dakota-specific automatic bank-balance floor located this pass. Exempt income sources (e.g. Social Security, public assistance) and the personal-property exemptions of SDCL ch. 43-20 remain claimable when funds are traceable; commingled non-exempt funds are exposed. SDCL ch. 43-20 From a secondary source — double-check before you rely on it Federal benefits deposited directly get an automatic two-month shield everywhere (31 CFR Part 212). |
| Original creditor calling? | No equivalent statute found. The federal FDCPA binds third-party collectors and debt buyers in South Dakota, and federal law still bans deceptive practices by the bank itself. |
| How long a judgment lasts | 20 years — Action on a judgment may be brought within 20 years; the judgment LIEN on real property lasts 10 years and may be renewed for one additional 10-year period by affidavit before it expires · SDCL §§ 15-2-6, 15-16-35 From a secondary source — double-check before you rely on it |
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Card agreements often pick another state's law (Delaware for Chase, Bank of America, Discover, Barclays; South Dakota for Citi and Wells Fargo). A court may use the shorter of the two deadlines, under a rule called a borrowing statute — the free checker works out both clocks for you.
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6 years under SDCL § 15-2-13. The clock usually starts at the first missed payment that was never made up. Debt collectors may still call after it runs out, but Regulation F (12 CFR 1006.26(b)) bars them from suing — or threatening to sue — over a debt that is too old (time-barred).
Paying part of it, or signing a written statement that the debt is yours, can restart it. (SDCL § 15-2-29).
Serve an answer within 30 days after service of the complaint (SDCL § 15-6-12(a) (S.D. R. Civ. P. 12(a))). Most of these cases are lost by default — by never answering at all.
State cap more protective than federal: garnishable amount is the lesser of 20% of disposable earnings or the amount by which weekly disposable earnings exceed 40 times the minimum wage, less $25 per dependent family member in the household. (SDCL § 21-18-51).