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  1. #1
    Join Date
    Aug 2020
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    Default Tolling or Resetting the Statute of Limitations

    My question involves collection proceedings in the State of: South Dakota


    I cannot find anything stating the effect of making a payment in terms of the statute of limitations. It seems like a widely accepted fact, but I would like to find the statute concerning this. Any ideas? Ive looked through every single statute within the chapter that cover statutes of limitations and dozens of search results on the SD codified law website with no luck.

  2. #2
    Join Date
    Oct 2014
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    Default Re: Tolling or Resetting the Statute of Limitations

    Quote Quoting Cneely
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    My question involves collection proceedings in the State of: South Dakota


    I cannot find anything stating the effect of making a payment in terms of the statute of limitations. It seems like a widely accepted fact, but I would like to find the statute concerning this. Any ideas? Ive looked through every single statute within the chapter that cover statutes of limitations and dozens of search results on the SD codified law website with no luck.
    The answer to that is found in the case that I discussed in your prior thread on this subject. There the Supreme Court of South Dakota stated:

    It appears from the provisions of SDC 33.0213 that an acknowledgment or promise to be effectual to interrupt the running of the statute of limitations must be in writing and signed by the party to be charged, but this requirement does not alter or take away the effect of a part payment. It is the settled law of this state that a part payment to be effectual to interrupt the statute must have been voluntary and must have been made and accepted under circumstances consistent with an intent to pay the balance.

    Nilsson v. Kielman, 70 S.D. 390, 392, 17 N.W.2d 918, 919 (1945)(bolding added). The part that I put in bold tells you that a voluntary payment made the debtor to the creditor is effective at renewing the SOL.

    In the future please keep all you posts on the same topic in the same thread instead of creating new ones. That helps everyone get the full context of what is going on and prevents the possibility of duplication.

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