South Dakota Judgment: Types, Records, Duration, and What to Expect

In South Dakota, a judgment is the final determination of the rights of the parties in an action or proceeding. Judgments are an essential part of the state’s legal system, affecting individuals, families, and businesses alike.

What Is a Judgment in South Dakota?

According to South Dakota law, a judgment refers to the final decision regarding the rights of the involved parties in a legal action or proceeding. If there are several claims for relief or multiple parties in a case, the court can allow a final judgment to be entered for one or more claims or parties, but not all.

The court only allows a final judgment to be entered for all claims or parties when there is no good reason to delay the judgment. If such a decision and order are not made, any ruling or decision that resolves fewer than all claims will not end the case.

Additionally, this ruling or decision can be changed at any time before a judgment is entered that resolves all claims and the rights and responsibilities of all parties. Once recorded, a judgment is legally enforceable.

Types of Judgments in South Dakota

South Dakota courts issue several types of judgments depending on the case:

1. Money Judgments

Money judgments are common in civil cases involving debts or contracts. In these cases, the judge rules that one party (the debtor) pay a certain amount to another party (the creditor).

2. Default Judgments

A default judgment happens when the defendant does not reply to a lawsuit or fails to show up in court. In this case, the court will grant the relief that the plaintiff originally requested.

3. Non-Monetary Judgment

This judgment orders a party to perform a specific action or refrain from certain conduct. It usually does not require the party that lost the case to pay any monetary compensation to the other party.

4. Consent Judgments

This judgment is issued when both parties in a dispute agree to the terms of a proposed settlement.

5. Summary Judgment

This is granted when there is no genuine dispute over the key facts of the case. It allows the court to rule in favor of one party without a full trial..

How to Search for Judgments in South Dakota

Judgments in South Dakota are considered public records, which means anyone can access these records. Those interested can obtain case information and judgment records via various sources:

1. Clerk of Court Offices – Every county in South Dakota maintains a record of judgments filed in its courts. Interested persons can go to the clerk’s office to look up records. You may be required to provide a name or case number related to the case. Some offices might charge a small fee for copies.
2. South Dakota Unified Judicial System (UJS) Public Access: The UJS case search portal provides online access to civil, criminal, and family case information. You can search by name or case number.
3. County Register of Deeds: Judgment liens are recorded at your local county register of deeds office. You can obtain records in person or online.
4. Third-Party Services – Several private record service providers offer online access to judgment records from different counties. While these can be convenient, they might not always have the latest information. Third-party websites can be cost-effective options. However, users should ensure that these platforms are updated regularly. A significant benefit of third-party platforms is that they collect judgment records from all jurisdictions in the county, meaning they serve as a one-stop shop to check judgments from various jurisdictions.

Judgment records generally show:

• Case number
• Parties involved
• Court location
• Judgment date
• Amount owed or type of relief granted.

Judgment Records in Major South Dakota Counties

Although judgment records are available statewide, the process of accessing them may vary slightly depending on the county or city:

• Sioux Falls (Minnehaha County): You can obtain case information and judgments in Minnehaha County through the UJS portal. For certified copies of records, visit your local courthouse in person.
• Rapid City (Pennington County): Pennington County judgments can be accessed online and at the Clerk of Court’s Office.
• Aberdeen (Brown County): You can access judgment records via the statewide UJS system or at the local courthouse.

The UJS online case search system is the easiest way to look up cases in South Dakota. However, if you need certified or official copies, you have to visit your local clerk's office.

How Long Does a Judgment Last in South Dakota?

In South Dakota, a civil judgment lasts for 10 years and can be enforced. If the judgment is not paid, it can be renewed for another 10 years.

During its enforceable period, a judgment gives creditors the right to use liens, wage garnishment, and levies. If the winning party gets a writ of execution, they can enforce the judgment within 20 years from when it was entered.

What Happens After a Judgment Is Entered in South Dakota?

Once a judgment is made, it becomes enforceable right away. The creditor has various ways to collect the debt, while the debtor has to deal with the legal and financial repercussions.

For Creditors:

• Wage Garnishment: Creditors can get a court order that tells the debtor’s employer to take a portion of their wages until the debt is paid off.
• Property Liens: A lien can be put on the debtor’s real estate or valuable assets, ensuring that payment is made when the property is sold or refinanced.
• Bank Levies: Creditors can ask the court to take money directly from the debtor’s bank accounts to satisfy the judgment amount.

For Debtors:

• Credit Reporting: Judgments usually show up on credit reports, which can greatly lower credit scores and make it harder to get loans or housing.
• Satisfaction of Judgment: After a debt is paid, the creditor is required to submit a “Satisfaction of Judgment” document to the court to show that the debt has been settled.
• Appeal or Motion to Vacate: If a debtor thinks the judgment was made by mistake, they can appeal the ruling or ask for the judgment to be canceled, especially in cases of default judgments.