# 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: 2026-09-01

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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 |

## What the statute says

> Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in §§ 15-2-6 to 15-2-8, inclusive, and subdivisions 15-2-15(3) and (4)

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

## 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

## Related

- [Iowa statute of limitations](https://ottoforfirms.com/statute-of-limitations/iowa/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.
- [Minnesota statute of limitations](https://ottoforfirms.com/statute-of-limitations/minnesota/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.
- [Montana statute of limitations](https://ottoforfirms.com/statute-of-limitations/montana/) — Neighbouring jurisdiction — written contract, oral contract, open account and promissory note.

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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.