South Dakota Small Claims

In South Dakota, small claims is an informal and easy legal process for resolving lower-value civil disputes quickly and at modest cost. Because each state sets its own rules, knowing South Dakota’s framework will help consumers, landlords/tenants, contractors, and small businesses. It empowers them to recover their money or property easily, without the expense of full civil litigation.

What Is a Small Claims Court in South Dakota?

As codified in South Dakota Statutes, small claims court is an informal process, led by a judge, designed so individuals may present their own cases. Magistrate courts within the circuit court system hear small claims and other minor civil matters.

Typical filings in the court include unpaid loans or invoices, contract/workmanship issues, security deposit disputes, NSF checks, and minor property damage. Parties may represent themselves, although legal representation through an attorney is allowed.

Small Claims Court Limits in South Dakota

The limit set by law for a small claim case is $12,000 (exclusive of allowable costs and fees). Although this limit is set by law, individuals should verify the current limits with the clerk, as the legislature may amend them.

Individuals or parties who want to file a case must be at least 18 years old. If one of the parties is under the age of 18, their parent or guardian must represent them in the case. If there are several parties bringing a matter, one of the parties may be authorized to act for all of them.

A corporation may be represented by one of its officers or a collection agency that has made a proper assignment of a debt.

How to File a Small Claims Case in South Dakota

Several procedures are necessary for a plaintiff (that is, the person bringing a petition to court) to follow during a small claim case in South Dakota. Generally, they include:

• Pick the proper county (venue). The plaintiff must file where the defendant (the person who is being sued) lives or where the loss occurred. If the incident happened in another county, the plaintiff may file by mail; however, they must travel there for the hearing if one is scheduled.
• Prepare the required forms. They must complete all the necessary forms, such as the Plaintiff’s Statement of Small Claims Form, describing how the loss occurred. They must also complete the Case Filing Statement Form, with any supporting documents (receipts, estimates, photos). They may contact the Self-help page or visit the clerk’s office for the current forms.
• File and pay fees. Filing fees depend on claim size and the number of defendants. The current filing fees are listed, and users should always check for a change in the cost. The clerk may add additional costs, such as postage or service costs, to the recoverable costs.
• Service of the defendant. After filing, the clerk sends notice by certified mail. If certified mail doesn’t reach the defendant, the plaintiff may authorize personal service by the sheriff for an added fee. Keep an eye on the docket and your mail for proof of service.
• Defendant’s response and counterclaims. A defendant who contests the claim must file an Answer within the time set on the notice. According to the law, the descendants may file a counterclaim within the timeframe for an answer.
• Representation. Either side may hire an attorney, but the small claims process is designed for self-representation. The defendant may wish to have the case transferred from Small Claims Court to Circuit Court.

Small Claims Court in Major South Dakota Cities

Small claims are filed in the Magistrate Division of the Circuit Court in a county, including major cities such as:

• Sioux Falls - Located in the part of the Second Judicial Circuitin Minnehaha County. The court provides a platform where individuals can pay their fines online.
• Rapid City - Individuals may file their small claims cases at the Seventh Judicial Circuit in Pennington County.
• Aberdeen - The Fifth Circuit Court handles small claims cases in Aberdeen. Individuals may contact the court clerk for additional information.

What to Expect at a Small Claims Hearing in South Dakota

Small claims hearings are examples of informal bench trials. Both parties are allowed to present their story in their own words. They may show their labeled evidence (such as contracts, invoices, texts/emails, photos, repair estimates) and any witnesses. The clerk may issue subpoenas for unwilling witnesses to appear in court (this service attracts a fee). Judges may decide cases from the bench and sometimes with a brief written judgment.

If the defendant was properly notified but does not answer or appear, the court may enter default judgment. Before a default judgment is granted, the plaintiff is required to file an affidavit. The affidavit must state whether the defendant is in the military service and show the necessary facts to support the claim. If either party is unable to appear in court as scheduled, they should contact the clerk of courts immediately to reschedule the proceeding.

Plaintiffs cannot appeal a small claims judgment to a higher court. If a plaintiff wants to appeal a case, they should consider filing their case as a regular civil action instead of using the small-claims track.

A judgment creates a recorded lien, but the court does not collect for the plaintiff. Unless there is a default or special order, the plaintiff must wait 30 days from entry of judgment to request execution of the judgment. Once paid, file a Satisfaction of Judgment with the clerk to acknowledge payment fulfillment, judgment satisfied, and close the small claims case.

How to Search for Small Claims Records in South Dakota

In small claims records, one may find the case number, parties, register of actions, settings, and the judgment. These records are generally public, while certain parts may be sealed or restricted.

South Dakota offers several official ways to access court information, including:

• Court Records. The South Dakota Unified Judicial Branch (UJS) provides a Public Access record Searchthat enables individuals to search court records. A $20 fee is charged for each search submitted.
• Civil Money Judgment Search. UJS provides an Online Judgment Query System where users may retrieve judgments by name and date.
• Public access terminals (courthouses). Every courthouse has public access computer terminals to view open court records.
• Clerk’s Office. For certified copies, individuals may request them from the clerk of courts for the county where the case was filed. They may also submit a completed Statewide record Search Request Form to the clerk at UJS to request copies of court records.