What type of debt is not subject to collection?
In South Dakota, the Collection Defense Law states that not all types of debt can be pursued by a collection agency. Specifically, the types of debt not subject to collection include debts not in writing, debts that the collector has no proof of, debts that were discharged in bankruptcy, debts that are not legally enforceable, and debts that are not collectible by law. Additionally, any debt that was never contracted by the debtor, or has been paid previously or is otherwise invalidated, is not subject to collection. Furthermore, debts that have passed the applicable statutes of limitation are also not subject to collection. Finally, if the debt is found to be uncollectible, or if it is legally unenforceable, then the debt is not subject to collection.
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