South Dakota Statutes of Limitations
What is the statute of limitations for your legal rights in South Dakota?
Statute of Limitation Laws in South Dakota
In order to convict you of an offense or sue you for monetary gain, your crime, tort or contractual agreement must fall within a certain time-line allowed by law. An South Dakota law on statute of limitations is simply that time which is allotted by the law as written by the state of South Dakota within which you can be convicted or held liable for a debt.
Below is the South Dakota statute of limitations listings for a number of different offenses and torts. While this list is updated regularly, often-times laws in every state get modified, repealed, amended or changed by legislation. Please consult with a qualified South Dakota attorney in this and any other legal matter.
We have found a service where you can ask your legal question for free and get responses only from qualified South Dakota lawyers in that particular field. The form below will help you get started by simply entering your SD zip code to find a South Dakota state criminal defense, or civil lawyer near you.
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| Type of Offense | Length of Statute |
|---|---|
| Any Capital Offense: | No Limit for A, B, and C Felonies |
| Contracts: | 6 years |
| Injury to personal property: | 6 Years |
| Open accounts for debt collections: | 6 Years |
| Wrongful Death: | 2 Years |
| Medical Malpractice Actions: | The statutes of limitations in South Dakota medical malpractice cases must begin within two (2) years to the date that the injury occurred. For medical malpractice cases that involve minors under the age of six, the child is given two years after he or she turns six years old to file any lawsuit pertaining to the claim. If the minor is older than six years old, the guardian of the minor has to file a lawsuit within 3 years. Code Section § 15-3-545 |
| Fraud: | 6 years from when the fraud was or reasonably should have been discovered. |
| Intentional Torts: | 6 Years |
| Oral Agreements: | 6 Years |
| Libel | Slander | Defamation: | 2 Years |
| Personal Injury Actions: | 6 years from the date of injury |
| Rules for Minors: | Limitation period begins to run on the minors 18th birthday, except in cases of medical malpractice or wrongful death |
| Products Liability Actions: | Within 1 year of the date the injury occurred. Or if the injury is not discovered right away, the plaintiff has within 1 year the injury is, or should have been discovered, to file a law suit |
| Complete South Dakota criminal revised statute of limitations can be found on the South Dakota Criminal Statute of Limitations page. | |
Disclaimer: Statute of Limitation laws in every state get modified, repealed, amended, and/or changed by the legislature of that states jurisdiction. The authors and webmaster of StatuteofLimitation.info have made every effort to post the most current laws. Please use this site as a general reference and for comparison purposes. Do not substitute any information from this site for advice you would get from a qualified legal professional
South Dakota Fair Debt Collection Practices Act
In order for an South Dakota debt collector or debt buyer to sue you to collect a debt they have to do that within the time limits that the state of South Dakota law requires. This is what is known as the statute of limitations. If they sue you outside of that statute of limitations then that may violate the Fair Debt Collection Practices Act. Even threatening to sue you beyond the statute of limitations can also be considered a Fair Debt Collection Practices Act (FDCPA) violation.
If you are dealing with an unscrupulous South Dakota debt collector that is threatening you with a lawsuit, whether verbal or written, for an old debt, then you need to look at the South Dakota statute of limitations if that debt collector has a potential case against you or has potentially violated the FDCP Act.
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