South Dakota Statute of Limitations on Debt Collection

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Summary: Are you stressed out over an old debt? It might be too late for the creditor to do anything about it. Learn about the statute of limitations and how to beat debt collectors in South Dakota.

Debt is a huge problem for consumers all over the United States. In South Dakota, this is no different. South Dakota consumers can easily fall prey to predatory lenders and debt collectors. This is why it is essential to know your rights in terms of debt collection and the statute of limitations.

The statute of limitations is a law that governs how long both creditors and debt collectors may pursue legal action against you. The statute of limitations varies from state to state but typically ranges anywhere from four to six years. Once the statute of limitations has passed, the debt is considered time-barred, and you can raise the statute of limitations as an affirmative defense against a debt collection lawsuit.

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Statute of Limitations on Debt in South Dakota
Debt Type	Deadline
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

To understand if your debt has surpassed the statute of limitations, you will need to learn how old your debt is. If the South Dakota statute of limitations on your debt has passed or is close to expiring, this will impact how you decide to deal with your debt.

If you know that the statute of limitations is close to expiring, don't make a payment on your debt. This is because the statute of limitations starts from when you opened the account, or from the last payment you made on it.

Credit card debt: 6 years
Medical debt: 6 years
Student loan debt: 6 years
Auto loan debt: 6 years
Personal loan debt: 6 years
Mortgage debt:15 years

If you have received frequent calls from a debt collector regarding a debt where you believe the statute of limitations has passed, remember that you can request this to stop. All you need to do is send a cease and desist letter to the debt collector. By requesting them to stop calling you, they must comply.

After the statute of limitations has expired, if the debt collector files a lawsuit, you can raise the statute of limitations as an affirmative defense. Please keep in mind, even if a debt collection lawsuit is tossed out of court due to the statute of limitations, your debt will not be erased once this time period has passed. Instead, debt collectors may continue to call you and report your delinquency to the credit bureau.

Suing you for debt after the statute of limitations has expired is a direct violation of the Fair Debt Collection Practices Act. By understanding the statute of limitations on various types of debt, you can properly defend yourself against debt collectors.

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The Fair Debt Collection Practices Act protects you

The FDCPA governs how third-party debt collectors may pursue you for collections. There are a few rules that debt collectors must adhere to when contacting you for debt. Specifically, debt collectors must adhere to the following.

Debt Collectors May Not Notify Third-Parties of Your Debt

If a debt collector is attempting to contact you for debt, they may not speak to anyone about your debt outside of your attorney or spouse. This means that they may not leave messages in locations where other people may hear information regarding your debt. You should also not be contacted at work if the debt collector is aware that this is against the rules of your workplace.

The only way that a debt collector may contact other people in your life, is to find out your address, your home phone number, and where you work. Debt collectors are also prohibited from contacting third parties more than once.

Debt collectors must validate your debt upon request

If you request verification of your debt, they must provide you with this information. In addition, debt collectors are legally obligated to send you a written “validation notice” disclosing how much money you allegedly owe within five days after the debt collector first contacts you. This debt validation notice must also include the full name of the creditor to whom you allegedly owe the money and what steps you should take if you have reason to believe you do not owe the money.

Stop contacting you after receiving a cease and desist letter: If you send the debt collector a letter stating that you do not owe money, and to stop contact, they must comply. Despite this, a collector can begin contacting you again if it sends you written verification of the debt.

Debt collectors cannot harass you

If a debt collector oppresses or abuses you, it is a direct violation under the FDCPA. This includes:

Using threats of violence or harm
Publishing your name and that you owe a debt (aside from providing this information to credit reporting companies
Use obscene or profane language when speaking to you
Specifically calling you to annoy you
Call before 8 am or after 9 pm

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Debt Collectors cannot lie to you

Debt collectors may not lie when they are trying to collect a debt. This includes:

Claiming to be a government employee
Claiming to be a lawyer
Claiming that you have committed a crime
Falsely represent that they operate or work for a credit reporting company
Lie about how much you owe
State that they sent legal forms if they are not, or vice versa

Debt Collectors Are Prohibited From Making False Claims

These might include:

Stating you will be arrested if the debt is not paid
Stating your assets will be seized, garnished, or sold, unless they are permitted by law to take this action
Stating that legal action will be taken against you

Debt Collectors Are Prohibited From Unfair Practices

Debt collectors may not engage in unfair practices while attempting to collect a debt. This may include collecting interest or fees that you do not owe, depositing a post-dated check early, or threatening to take your property if they do not have that right.

Should you pay a time-barred debt?

Although the statute of limitations prevents you from going to court for debt, it does not mean that you no longer owe it. For some consumers, choosing not to repay expired debt is the best option.

Time-barred debt will always be considered an account in collections and will remain on your credit report for seven years from the first missed payment. This may continue to follow you in terms of making it difficult to obtain housing or other loans. Although this is a difficult decision to make, you need to make the best decision for you.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

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