South Dakota Small Claims Court: The $12,000 Limit, $24.84 to $42.84 to File, and No Appeal

South Dakota small claims court handles claims up to $12,000, not counting costs and attorney fees [1]. It’s meant to be simple, informal and inexpensive [2]. Filing costs between $24.84 and $42.84, depending on how much you’re asking for [3], and the clerk mails the papers to the other side for you [4]. One big difference from many states: a small claims judgment can’t be appealed [5].

What small claims can handle

Small claims covers claims based on a contract or a tort (a wrong such as property damage), apart from slander and libel [2]. The claim can’t be more than $12,000, not counting allowable costs or attorney fees [1]. Punitive damages generally aren’t available in small claims, with a few exceptions written into the law, including the landlord-tenant penalties for lockouts and security deposits [2].

Parties have to be at least 18; a minor is represented by a parent or guardian [4]. A business can be represented by an officer or manager, and one of several plaintiffs can act for all of them [6].

Where to file

You file in the county where the defendant lives, if the defendant is a person, or the county where the claim arose [7]. A case against a corporation, LLC or partnership goes in a county where it has a place of business [7]. That can mean filing by mail and traveling to another county for the hearing; the clerk of courts in your own county can explain how [4].

How to file

1. Fill out the forms. File a signed Plaintiff’s Statement of Claim (UJS-008) describing how the loss happened, and a Case Filing Statement (UJS-232) [4]. The UJS also offers an online Guide and File interview that builds the forms for you [8].
2. Attach your evidence, such as receipts and estimates, and give the addresses of both sides [4].
3. Pay the fee to the clerk of courts when you file [4]. The filing fee, postage and service costs can be added to what you claim from the defendant [4]. If you settle out of court later, the fee isn’t refunded [4].

The clerk enters the case on the small claims docket and sets either the date the defendant must answer by or a hearing date [4]. That date has to be at least five days after the case begins, and long enough for certified mail to reach the defendant [9].

Serving the other side

The clerk sends the notice by certified mail [4]. If the defendant doesn’t receive it, you may need to have the sheriff serve it in person, which costs extra and needs your authorization [4]. The statement of claim form lets you ask for sheriff service from the start, or only if the certified mail comes back undelivered, and it’s up to you to check the sheriff’s or process server’s fees [10].

If you’re the defendant

• Settle, if you can. You can contact the plaintiff to work it out. If you pay in full, get a receipt; if payment is due later, put the deal in writing signed by both of you [4].
• Answer on time. To contest the claim, file a Denial/Counter Claim (UJS-278) with the clerk within the time stated in the notice, saying what you dispute and why [4]. A counterclaim has to be filed within the same time [4].
• Ask for a formal trial. At least five days before the date you’re told to appear or answer, you can petition to move the case to the regular civil docket, for a jury or a judge [5]. The petition needs an affidavit showing good reasons and a meritorious defense, a $35 entry fee and a $250 deposit to secure the plaintiff’s costs or damages [5]. If you don’t ask in time, you’ve accepted small claims court [5].

If you don’t respond as the notice requires, you can be defaulted, unless the court orders otherwise [11]. Before a default judgment, the plaintiff has to file a statement about whether you’re on active military duty [4].

The hearing

Witnesses are sworn, but the judge runs the hearing in whatever order and form best brings out the facts [12]. You can have a lawyer, but because the court is informal and the judge explains the procedure, one isn’t required [4]. Bring your witnesses and documents; hearsay (what someone who isn’t in court said) isn’t acceptable proof [4]. The clerk will prepare a subpoena for an unwilling witness for a $2 fee, plus the sheriff’s or process server’s charge to serve it [4].

If either side can’t make the date, call the clerk right away; not showing up can mean a judgment for the other side [4]. The judge may decide on the spot or put the decision in writing later [4].

No appeal

No party may appeal a small claims decision [5]. When you start a small claims case, you give up a jury and the right to appeal, unless the defendant moves the case to the regular docket [14]. The court can, on motion and for cause, vacate a judgment, for example if a party never actually got notice [15].

Collecting a judgment

The court can order the judgment paid by a set date or in installments [16]. Winning doesn’t guarantee payment, and the court doesn’t collect for you, though the judgment creates a recorded lien [4].

• Execution: unless there’s a default judgment or a special order, an execution can’t issue until 30 days after judgment; after that it can issue any time within 20 years [4]. The sheriff has 60 days to find property, and the execution fee isn’t refunded if none is found [4].
• Renewal: a judgment can be renewed by affidavit before 10 years from when it was first docketed [4][17].
• Garnishment and other collection steps are available but can be legally complex [4].

Once paid in full, the winner notifies the clerk in writing, using a Satisfaction of Judgment (UJS-019) [4]. If you’re paid before the hearing, file a Notice of Dismissal (UJS-255) [10].