South Dakota Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside South Dakota's Statutes Of Limitations. South Dakota phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The South Dakota Fair Debt Collection Consumer Practices Guide summarizes South Dakota's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
South Dakota Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under South Dakota’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under South Dakota Debt Exemption Law!
South Dakota Statutes
South Dakota has opted out of federal bankruptcy exemptions laws, South Dakota Codified Laws §§ 43-31-30 and 43-45-13.
Wages: South Dakota Codified Laws §§ 21·18-2.1, -51 through -53.
Homestead: South Dakota Codified Laws §§ 43-31-1 through -6, -13,
43-45-3.
Tangible personal property: South Dakota Codified Laws §§ 43-45-2, -4, -5,
Benefits, retirement plans, insurance, judgments, and other intangibles:
South Dakota Codified Laws §§ 43-45·6, -15 through -18.
Public benefits: Not specified in exemption statute. See South Dakota
Codified Laws § 28-7A-18 (TANF is exempt).
South Dakota Debt Statutes of Limitation
Your debt may have expired under South Dakota’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the South Dakota Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
South Dakota Debt Statutes of Limitation
Contract: 6 years, (SDCL 15-2-13).
Domestic Judgments: 20 Years, (SDCL 15-2-6).
Foreign Judgments: 10 Years, (SDCL 15-2-8).
Claims of Fraud: 6 Years, (SDCL 15-2-13).
Sealed Instrument: (except real estate): 20 Years, (SDCL 15-2-6).
Actions not otherwise provided for: 10 Years, (SDCL 15-2-8).
Open Accounts: 6 Years, (SDCL 15-2-13).
Sale of Goods: 4 Years, (SDCL57A-2-725).
South Dakota Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under South Dakota’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under South Dakota law.
South Dakota Wage Garnishment Procedural Requirements
Upon judgment or decree, or at any time after the issuing in any case of an execution against property and before the time when it is returnable, any creditor shall be entitled to proceed by garnishment in any court having jurisdiction of the subject of the action, against any person who shall be indebted to or have any property, real or personal, in his possession or under his control belonging to such creditor's debtor. S.D. Codified Laws Ann. _ 21181.
At the time of issuing the summons or at any time thereafter before final judgment or after execution has been issued, in any action where garnishment is permitted, the plaintiff may make an affidavit Statuteing that he verily believes that some person, naming him, is indebted to, or has property in his possession or under his control belonging to the defendant, or either or any of the defendants in the action or execution, naming him, and that such defendant has not property in this Statutee other than property subject to garnishment liable to execution, sufficient to satisfy the plaintiff's demand, and that the indebtedness or property mentioned in such affidavit is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution, and the amount of the claim sued upon. S.D. Codified Laws Ann. _ 21183.
The plaintiff shall annex or subjoin to the garnishment affidavit a garnishee summons. S.D. Codified Laws Ann. _ 21186. The garnishee summons, affidavit and garnishment disclosure shall be served on each of the several garnishees named, in the manner provided for the service of a summons in an action or by certified mail. S.D. Codified Laws Ann. _ 21187.
If a garnishee summons, affidavit and garnishment disclosure is served personally or by certified mail, the garnishee shall be paid the sum of ten dollars to reimburse the garnishee for the expense of preparing the garnishment disclosure which sum shall be taxed as a part of the plaintiff's costs. If the garnishee is not paid, the garnishment proceeding is void. S.D. Codified Laws Ann. _ 21189. The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within ten days after service on a garnishee. When the defendant shall have appeared in the action by attorney, such service may be made upon such attorney or upon the defendant. S.D. Codified Laws Ann. _ 211810.
Such garnishee summons, affidavit and garnishment disclosure may be served by certified mail, return receipt requested or personally by the sheriff of the county where any garnishee or defendant may be found, or by any other person not a party to the action. S.D. Codified Laws Ann. _ 211811. From the time of the service of the summons upon the garnishee he shall stand liable to the plaintiff to the amount of the property, money, credits, and effects in his possession or under his control belonging to the defendant, or in which he shall be interested, to the extent of his right or interest therein, and of all debts due or to become due to the defendant, except such as may be by law exempt from execution. S.D. Codified Laws Ann. _ 211812.
Interest Rate at which Judgments Accrue Interest is payable on all judgments exclusive of support debts or judgments under _ 257A14, at the Category B rate of interest as established in _54316 from and after the date of judgment. S.D. Codified Laws Ann. _ 5435.1.
Category B rate of interest is ten percent per year. S.D. Codified Laws Ann. _ 54316. Applicable Forms S.D. Codified Laws Ann. _ 21186. S.D. Codified Laws Ann. _ 211826. S.D. Codified Laws Ann. _ 211827.1.
South Dakota (Debt Collector) Call Recording Law
Under South Dakota State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! South Dakota is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of South Dakota.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
