South Dakota Debt Collection Laws
How long a creditor can sue you in South Dakota, how much of your paycheck is protected, and where to get help.
South Dakota debt rules at a glance
The key numbers. Details and the exact law are below.
How long can a creditor sue you in South Dakota?
6 years for most debts
An action on a contract, obligation or liability, express or implied, must be brought within six years after it accrues.
How much of your paycheck can be garnished?
No more than 20% of your pay
South Dakota caps garnishment at the lesser of 20% of weekly disposable earnings or the amount above 40 times the federal minimum wage (or the state minimum wage if higher). That amount drops by $25 a week for each dependent family member living with you. Support orders, bankruptcy orders and state or federal tax debts are not covered by this limit.
What debt collectors can't do in South Dakota
Federal debt collection rules
Debt collectors everywhere must follow the federal Fair Debt Collection Practices Act and the CFPB's Regulation F. A collector may not sue or threaten to sue you on a debt that is past the time limit.
Collectors can't sue on expired debt
Under the federal debt collection rule (Regulation F), a debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt, meaning a debt whose statute of limitations has run out.
When a debt collector contacts you
A practical order of operations.
Don't pay or promise anything on the first call
Ask for the collector's name, company, mailing address and the amount they claim. In some states a payment or promise can affect an old debt, so check the rules above first.
Ask for validation in writing
Federal law gives you the right to a validation notice listing the debt, the creditor and your right to dispute. Dispute in writing within the validation period if the debt isn't yours or the amount is wrong.
Check the date of your last payment
Compare it with your state's time limit above. If the time limit has passed, a collector may not sue or threaten to sue you.
Never ignore a lawsuit
If you are served with court papers, respond by the deadline, even on an old debt. Being out of time is usually a defense you have to raise in court. Legal aid can help.
Report abuse
Threats, harassment and calls at odd hours break federal and state law. File complaints with your state regulator and the CFPB (links below).
Free help in South Dakota
Government complaint lines and nonprofit counseling. Be wary of anyone who charges upfront fees to settle debt.
South Dakota Attorney General - Consumer Protection
File a complaint: consumer.sd.gov
CFPB complaint
File a complaint about a debt collector with the Consumer Financial Protection Bureau: consumerfinance.gov/complaint
Nonprofit credit counseling
Find an NFCC member agency: NFCC agency finder. If you are considering bankruptcy, use an agency on the U.S. Trustee approved list.
Links checked September 24, 2026.
Sources
Every rule on this page comes from these laws and official resources, checked on September 24, 2026. Read the current text before you act.
Primary sources
- SDCL 15-2-13 - six-year limit (Justia mirror; official site did not load for us)
- SDCL 21-18-51 - garnishment cap (Justia mirror)
- South Dakota Consumer Protection - complaint form
- 12 CFR 1006.26 - Collection of time-barred debts (Regulation F)
- 15 U.S.C. 1673 - Federal limit on wage garnishment
- CFPB - Debt collection help
- FTC - Debt collection FAQs
Debt collection laws in other states →
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