How to file a small claims case in South Dakota, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
South Dakota's small claims rules don't require a demand letter before you file, but asking for payment first is still a good idea.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In South Dakota you can sue for up to $12,000 in the Small Claims Court (Magistrate Court, part of the Circuit Court).
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address where they can be served (not a P.O. box)
- The amount you're asking for and how you got that number
- The date the problem happened
- A short plain description of what happened
- How many defendants you are suing (each one adds a mailing fee)
Use the company's exact registered name and its registered agent's address.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
UJS-008: Plaintiff's Statement of Claim (filed with the UJS-232 Case Filing Statement). Get the form.
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $12,000) and how you calculated it
- What you did: when you asked for payment and their response
Sign the statement of claim; ask the clerk whether your county wants it signed in front of the clerk or a notary.
Print forms single-sided in black ink. Bring the original and keep a copy for yourself; ask the clerk how many extra copies they need.
File and pay
Filing day
Choose how you'll file:
File with the clerk of courts in the county where the defendant lives or where the loss happened. You can file by mail, but you may have to travel to that county for the hearing.
$24.84 for claims up to $100, $30.84 up to $1,000, $40.84 up to $3,999.99, and $42.84 from $4,000 to $12,000. These amounts include certified mail service on one defendant; each extra defendant adds $11.84. Sheriff service, if needed, costs extra. Can't afford it? Ask for a fee waiver: Ask the clerk of courts about filing without paying fees. A fee waiver request can't be filed online; it must be filed in person..
The clerk gives you a case number and sets either an answer deadline or a hearing date, then mails the notice to the defendant by certified mail.
Serve the defendant
Right after filing
The clerk mails the notice to the defendant by certified mail. If the mail isn't received, you can ask the sheriff to deliver it in person for an extra fee.
The clerk sets the answer or hearing date at least 5 days after filing, leaving enough time for the certified mail to arrive.
Certified mail return receipt
The clerk handles mail service and keeps the receipt. If the sheriff serves the papers instead, the sheriff files the return.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
The defendant can file a Denial/Counterclaim (form UJS-278) by the deadline in the notice, or ask to move the case to circuit court.
If you settle, file a Notice of Dismissal (UJS-255). If you won and get paid, file a Satisfaction of Judgment (UJS-019).
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk for a subpoena ($2), then have the sheriff or a process server serve it.
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- Arrive early and check in with the clerk
- Bring your evidence and the notice from the court
- Bring three copies of every document and your evidence in date order
- Bring your witnesses, or a subpoena if they won't come voluntarily
- Turn your phone to silent; dress neatly
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't respond, you can ask for a default judgment after filing a military status statement (UJS-306). If you don't show up, your case can be dismissed.
After the judgment
Weeks to months
Neither side can appeal a small claims judgment. Before the hearing, the defendant can instead ask to move the case to regular circuit court.
The court records the judgment as a lien but doesn't collect for you. After 30 days you can ask the sheriff to seize property (execution) or use garnishment.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.