How long you have in South Dakota
Every kind of claim has its own window, counted from the day the clock started. Miss it and the court usually cannot hear the claim.
| Kind of claim | Window | Counted from | Rule |
|---|---|---|---|
| Unpaid Invoice | 6 years | the day the payment was missed or the agreement was broken | SDCL 15-2-13(1), (4) |
| Unpaid Loan | 6 years | the day the payment was missed or the agreement was broken | SDCL 15-2-13(1), (4) |
| Contractor Dispute | 6 years | the day the payment was missed or the agreement was broken | SDCL 15-2-13(1), (4) |
| Auto Repair | 6 years | the day the payment was missed or the agreement was broken | SDCL 15-2-13(1), (4) |
| Security Deposit | 6 years | the day the payment was missed or the agreement was broken | SDCL 15-2-13(1), (4) |
| Other | 6 years | the day the payment was missed or the agreement was broken | SDCL 15-2-13(1), (4) |
| Property Damage | 6 years | the day the damage happened | SDCL 15-2-13(1), (4) |
| Sale of Goods | 4 years | the day the payment was missed or the agreement was broken | SDCL 57A-2-725(1) |
Worked example
If the day the payment was missed or the agreement was broken was 2026-03-15, a window of 6 years runs out on 2032-03-15. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.
More about South Dakota
Common questions
- How long do you have to bring a small claims claim in South Dakota?
- The shortest window is 4 years, counted from the day the payment was missed or the agreement was broken, under SDCL 57A-2-725(1). Other kinds of claim run longer; the time-limit page lists each one.
- How long do you have on a property damage claim in South Dakota?
- 6 years, counted from the day the damage happened, under SDCL 15-2-13(1), (4).
- How long do you have on a sale of goods claim in South Dakota?
- 4 years, counted from the day the payment was missed or the agreement was broken, under SDCL 57A-2-725(1).
- How much can you claim in small claims court in South Dakota?
- An individual can claim up to $12,000. A business can claim up to $12,000. A public agency can claim up to $12,000. That comes from SDCL 15-39-45.1.
Verify with your court
Numbers change, and a court can post its own variation. Open South Dakota's small claims page and confirm anything you are about to rely on.
Open the court's small claims pageVerified on 2026-09-05, sources:
Verified on 2026-09-05, sources: Rules effective from 2026-07-13.
- SDCL 15-2-13(1), (4) · effective 1953-07-01 · A claim based on an agreement, written or spoken, and a claim for damage to your property must each be filed within six years.
- SDCL 57A-2-725(1) · effective 1982-07-01 · A claim about a sale of goods must be filed within four years of the breach.
FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.