South Dakota Small Claims Court

How it works in South Dakota

1. Try to settle with the other side first, then confirm the claim is $12,000 or less with the clerk of courts.
2. File in the county where the defendant lives or where the loss happened.
3. Give the clerk a Case Filing Statement (UJS-232), a signed Statement of Claim (UJS-008), supporting papers and both parties’ addresses, and pay the fee.
4. The clerk notifies the defendant by certified mail. If that fails, you may need to authorize service by the sheriff for an extra fee.
5. If the defendant files an answer (UJS-278) disputing the claim, a judge holds a trial. Bring your witnesses and documents.

What it costs

$24.84 to $42.84 depending on the claim, including postage, plus $11.84 for each extra defendant

How long you have to sue

SDCL §§ 15-2-13, 15-2-14. These are general limits. The clock can start late, pause or be much shorter, as it is for claims against a government agency.

If you lose

Neither side can appeal a small claims decision; instead a defendant can petition, at least 5 days before the answer or appearance date, to move the case to the regular civil docket.

Official links

• South Dakota small claims self-help
• Court forms
• Find your court