Avoid a $75,000+ loss from a missed deadline
South Dakota Lien Deadlines for Material Suppliers
South Dakota requires a "Notice of Unpaid Lien" to be provided to the owner before filing a lien if you don't have a direct contract.
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South Dakota is High Risk for Suppliers
South Dakota is High Risk for Suppliers South Dakota has strict deadlines. Always calculate your specific deadline based on your last furnishing date.
South Dakota Lien Deadlines
| Deadline Type | Timing | Details |
|---|---|---|
| Lien Filing Deadline | 120 days after last furnishing | Must be filed with the county recorder/clerk. |
| Enforcement Deadline | 6 years from last furnishing | Lawsuit to foreclose on the lien must be filed by this date. |
| Missing the 6-year enforcement deadline | Filing a lien is not enough; you must enforce it (file a lawsuit) before the enforcement period expires. |
Common Supplier Mistakes in South Dakota
1. Preliminary Notice
Notice of Furnishing within 60 days after last furnishing Required to preserve your right to file a lien later.
2. Lien Filing Deadline
120 days after last furnishing Must be filed with the county recorder/clerk.
3. Enforcement Deadline
6 years from last furnishing Lawsuit to foreclose on the lien must be filed by this date.
Missing the 60-day Notice of Furnishing
Many suppliers fail to send the required preliminary notice early in the project, invalidating their future lien rights.
Filing the lien after 120 days
Waiting too long to file. The deadline is strict and often does not extend for weekends or holidays.
Missing the 6-year enforcement deadline
Filing a lien is not enough; you must enforce it (file a lawsuit) before the enforcement period expires.
Not Sure Which Deadline Applies?
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Frequently Asked Questions
1. Preliminary Notice
Notice of Furnishing within 60 days after last furnishing Required to preserve your right to file a lien later.
2. Lien Filing Deadline
120 days after last furnishing Must be filed with the county recorder/clerk.
3. Enforcement Deadline
6 years from last furnishing Lawsuit to foreclose on the lien must be filed by this date.
Missing the 60-day Notice of Furnishing
Many suppliers fail to send the required preliminary notice early in the project, invalidating their future lien rights.
Filing the lien after 120 days
Waiting too long to file. The deadline is strict and often does not extend for weekends or holidays.
Missing the 6-year enforcement deadline
Filing a lien is not enough; you must enforce it (file a lawsuit) before the enforcement period expires.
Disclaimer: This content is for informational purposes only and does not constitute legal advice.