# South Dakota statute of limitations on debt

> In South Dakota, the statute of limitations on a written contract is 6 years under SDCL 15-2-13(1). Periods for oral contracts, open accounts and promissory notes.

- Source: https://ottoforfirms.com/statute-of-limitations/south-dakota/
- Publisher: Otto — https://ottoforfirms.com
- Updated: 2026-07-26

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In South Dakota, the statute of limitations on a written contract is 6 years under SDCL 15-2-13(1).

**Rule.** A written contract claim in South Dakota must be brought within 6 years.

**Authority.** [SDCL 15-2-13(1)](https://sdlegislature.gov/Statutes/15-2-13)

| Contract type | Limitations period |
| --- | --- |
| Written contract | 6 yr |
| Oral contract | 6 yr |
| Open account | — |
| Promissory note | 6 yr |

## When does the clock start?

The period runs from accrual — "within six years after the cause of action shall have accrued" — which for contract claims is the date of breach or of the payment missed.

## What pauses it?

SDCL 15-2-20 tolls while the defendant is out of the state when the claim accrues or later departs and resides outside it (real-estate mortgage foreclosure excepted). SDCL 15-2-22 tolls for minority or mental illness, capped at five years and at one year after the disability ceases; 15-2-25 tolls during an injunction or statutory prohibition. NOT INDEPENDENTLY VERIFIED — I did not fetch §§ 15-2-20, 15-2-22 or 15-2-25 in this pass.

Last reviewed 2026-07-26

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This is an informational reference, not legal advice, and using it creates no attorney-client relationship. Limitations periods turn on facts this page cannot know — which state's law governs, the contract type, when the claim accrued, and whether anything tolled or revived it. Confirm against the primary source and your own counsel before acting.