Small Claims Court in South Dakota: How to File, Limits, Fees, and Collection

A practical filing-to-collection guide for South Dakota consumers and small businesses dealing with disputes up to $12,000.

1. What is small claims court in South Dakota?

Small claims court in South Dakota is the small claims division of the Magistrate Courts, which sit within the Circuit Court system. It hears money disputes up to $12,000 (not counting court costs and attorney fees). Attorneys generally cannot appear for parties. Procedure is informal, judges decide cases without a jury, and hearings usually happen 2 to 4 weeks after filing.

By choosing small claims, the plaintiff gives up the right to a jury trial and the right to appeal. In return, you get faster, cheaper, and simpler resolution of routine money disputes. The magistrate can grant only money judgments. The court cannot order an eviction, force someone to do something (specific performance), or issue an injunction.

Which court hears small claims cases in South Dakota?

The court that hears small claims cases in South Dakota is the Magistrate Court, a division of the state's Unified Judicial System within the Circuit Court. South Dakota uses one statewide jurisdictional cap of $12,000 under SDCL Chapter 15-39. There is no separate "small claims court" building in most counties: the same clerk's office handles small claims along with other magistrate matters.

How small claims differs from the regular civil docket

Small claims differs from the regular civil docket in five ways. First, the cap is $12,000, while the formal civil docket has no cap. Second, attorneys generally cannot appear in small claims; on the regular docket they can. Third, evidence rules are relaxed, so the magistrate can accept hearsay, screenshots, and informal documents at the judge's discretion. Fourth, there is no jury and no appeal from a small claims judgment. Fifth, the plaintiff fills out a one-page Statement of Claim instead of a formal complaint.

Is small claims court the right forum for your case?

Small claims is the right forum if your dispute is about money (or a check that bounced), the amount is $12,000 or less, and you don't need an injunction, eviction order, or other equitable relief. It is also the right forum if speed and low cost matter more to you than the right to appeal or have a jury. If you need to evict a tenant, get title to land, or sue a state agency, you must file in a different forum.

2. Should you file in South Dakota small claims?

You can file in South Dakota small claims if (1) your claim is for money, (2) the amount is at or below $12,000 not counting costs and attorney fees, (3) the claim type isn't excluded (eviction, family law, defamation, equitable relief, federal-exclusive matters), (4) South Dakota has venue, and (5) you can sue in your own name (you're an adult, mentally competent, and naming the right party).

The five-step eligibility check:

1. Is this a money claim? Small claims handles dollar disputes only. No injunctions, no orders to return specific property, no possession of real estate.
2. Is the amount $12,000 or less? You cannot split one claim into two cases to fit under the cap (claim-splitting is prohibited).
3. Is the claim type allowed? See the exclusions list below.
4. Is South Dakota the right state and county? Generally you file where the defendant lives, where a business defendant has a place of business, where the cause of action arose, or for landlord-tenant money claims, where the rental property is located.
5. Are you suing the right legal person? Use the Secretary of State business search to confirm exact names for any business defendant.

Cases small claims can hear in South Dakota

Cases small claims can hear in South Dakota include unpaid invoices, unreturned security deposits, property damage (vehicle dents, fence damage), broken contracts under $12,000, consumer disputes about goods or services, unpaid wages and final paychecks, bad checks (after the 30-day notice), and conversion of personal property (someone refusing to return your stuff). They also include small construction-defect claims (with proper pre-suit notice) and unjust enrichment claims.

Cases small claims cannot hear in South Dakota

Cases small claims cannot hear in South Dakota include eviction or forcible entry and detainer, defamation (libel and slander), family law matters (divorce, custody, support modification), real estate title and quiet title disputes, class actions, claims for injunctions or specific performance, foreclosure, workers' compensation (an exclusive administrative remedy), unemployment appeals, employment discrimination (requires administrative exhaustion first), and matters within exclusive federal or tribal jurisdiction. You also cannot sue the State of South Dakota or its agencies without statutory consent.

Who can sue and who can be sued?

Anyone who sues or is sued in South Dakota small claims must be a real legal person or entity: an adult, a minor through a guardian or parent, a business filed with the Secretary of State, or a government entity that has waived sovereign immunity for the claim type. Businesses can appear through an officer or authorized representative. Attorneys are generally not allowed in small claims, but a business can be represented by a non-attorney officer or employee. You cannot sue a state agency in small claims absent specific statutory consent.

What if you signed a contract with an arbitration clause?

If you signed a contract with an arbitration clause, the defendant can move to compel arbitration, which can stay or dismiss your small claims case. South Dakota courts enforce arbitration and forum-selection clauses. Many consumer contracts include a carve-out preserving the right to sue in small claims; if your contract has that carve-out, you can proceed. Read the dispute resolution section of the contract carefully before filing. If the defendant doesn't raise arbitration, the case goes forward.

3. How long do you have to sue? Statute of limitations in South Dakota

In South Dakota, you generally have 6 years to sue on written and oral contracts, property damage, and conversion, 3 years for personal injury, 4 years for breach of warranty under the UCC, 4 years for consumer protection claims, and 2 years for defamation and unpaid wages. The clock usually starts on the date of breach or injury. For fraud, it starts when you discovered the fraud. Miss the deadline and the case is dismissed.

Statute of limitations for common claims in South Dakota

When the clock pauses or resets in South Dakota

The South Dakota limitations clock pauses or resets in a few specific ways. The clock is paused while the defendant is absent from South Dakota, so time the defendant spends out of state doesn't count. The clock is paused for a plaintiff who is a minor or who is mentally incapacitated, until the disability is removed (with statutory caps). For fraud, the clock starts when you discovered (or reasonably should have discovered) the fraud, not when it happened. A partial payment or written acknowledgment of the debt resets the clock only if the acknowledgment is in writing and signed by the debtor.

What happens if you miss the deadline

If you miss the South Dakota statute of limitations, the defendant can raise it as a defense and the case will be dismissed. The deadline is not jurisdictional, meaning the court won't dismiss on its own, but any defendant who knows the rule will raise it and win. Once dismissed for limitations, you cannot refile. Check the deadline before you spend the filing fee, and file early when you can.

4. Before you file: demand letter and required notices

In South Dakota, a demand letter is not required for most claims but is strongly recommended. Some claim types do require pre-suit notice: bad-check claims require a 30-day written notice and demand (usually by certified mail), construction defect claims require written notice and an opportunity to cure, and government tort claims require a notice within 180 days. Send any demand by certified mail with return receipt and keep proof.

Do you need a demand letter in South Dakota?

A demand letter in South Dakota is not legally required to file most small claims cases, but judges expect to see one and it often settles the case before filing. A clear demand also strengthens your case: it shows you tried to resolve the dispute, fixes the amount you say you're owed, and creates a paper trail. For bad-check claims and some construction defect claims, the demand letter is mandatory. Send by certified mail with return receipt requested.

What to include in a South Dakota demand letter

A South Dakota demand letter should include the amount you're asking for, a brief description of what happened (with dates and any contract or invoice numbers), a clear deadline to respond or pay (10 to 30 days is standard), your name and contact information for payment, and copies (not originals) of supporting documents. For a bad-check demand, you must also identify the check (number, date, amount) and include the statutory notice language. Date the letter, sign it, and keep the certified mail receipt and signed green card.

Pre-suit notice for special claim types

Pre-suit notice in South Dakota is required for several claim types. Bad-check claims require a 30-day written notice and demand before suit; without it you cannot recover the statutory penalty. Construction defect claims typically require written notice to the contractor and a reasonable opportunity to cure (commonly around 30 days). Security deposit disputes are tied to the landlord's statutory deadline to return the deposit once the tenant gives a forwarding address; you cannot sue before that deadline runs. Some warranty and consumer protection claims also require notice as a condition of suit.

How to sue a city or county in South Dakota

To sue a city or county in South Dakota, you must first file a written tort claim notice with the public entity, usually within 180 days of the incident. The notice requirement comes from SDCL Chapter 3-21 and related municipal and county statutes. Missing the notice bars the claim entirely. The notice should describe the incident, the injury or loss, the amount claimed, and your contact information. Send it by certified mail to the public entity's clerk or administrator. After the notice runs (or is denied), you may file suit. You cannot sue the State of South Dakota or its agencies in small claims absent specific statutory consent.

5. Identifying and naming the defendant correctly

Name the defendant exactly as they exist legally: an individual by full legal name, a sole proprietor by the owner's name plus "doing business as" the business name, and a corporation or LLC by its exact registered name. Misnaming a business defendant is the most common reason small claims judgments can't be collected. Look up the exact legal name in the South Dakota Secretary of State business search before filing.

How to find a business's legal name in South Dakota

To find a business's legal name in South Dakota, use the Secretary of State business search at sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx. Search by business name to find the exact registered name, the entity type (LLC, corporation, partnership), the registered agent's name and address (which is where you serve), and the entity's current status. If the business is "inactive" or "dissolved," collection becomes much harder, so check status before you file.

How to name an LLC or corporation

An LLC or corporation in South Dakota is named by its exact registered name as listed with the Secretary of State, including "LLC," "Inc.," "Corp.," or other entity suffix. If the business operates under a different name (a DBA), list it as "ABC Holdings LLC, doing business as Tom's Diner." Serve the registered agent listed on the Secretary of State filing, not the business owner personally. If the registered agent has moved, the Secretary of State record controls.

How to name a sole proprietor or DBA

A sole proprietor in South Dakota is named by the owner's full legal name first, then the DBA: for example, "Jane Smith, doing business as Smith Plumbing." A sole proprietor is not a separate legal entity from the owner. The owner is personally liable, and the judgment runs against the owner. Don't sue "Smith Plumbing" alone, because that name may not be tied to a specific legal person.

How to amend if you discover the wrong name after filing

If you discover the wrong name after filing, you can ask the magistrate to amend the Statement of Claim, usually by filing a written motion or asking the clerk. Do this as soon as you find the error, ideally before service. If the defendant has already been served under the wrong name, you may need to re-serve. A judgment against the wrong legal name is hard or impossible to collect, so fix the name before judgment if you can.

6. The forms you need to file in South Dakota

South Dakota requires one main form to start a small claims case: the Plaintiff's Statement of Claim, which serves as both the complaint and the notice of hearing. You also file a UJS-232 Case Filing Statement (a cover sheet for the clerk) and, before any default judgment, a UJS-306 Affidavit of Defendant's Military Status. All forms are available free at ujs.sd.gov as fillable PDFs. The Guide & File tool helps you prepare forms but does not e-file for pro se litigants.

South Dakota small claims forms

Which forms open the case?

The forms that open a South Dakota small claims case are the Plaintiff's Statement of Claim and the UJS-232 Case Filing Statement. The Statement of Claim is the heart of the case: it describes who you're suing, why, and how much. The UJS-232 is the cover sheet the clerk uses to docket the case and record contact information. Together they cost $12 to file for claims up to $4,000 and $16 for claims over $4,000 up to $12,000.

Which forms does the defendant file?

The forms the defendant files in South Dakota are optional but useful: the Denial / Counterclaim form (to deny the claim or assert a counterclaim) and, if the counterclaim exceeds $12,000 or seeks relief outside small claims, a pre-hearing petition for removal to circuit court. The removal petition must be filed at least 5 days before the hearing, with a $35 transfer fee and a $250 undertaking (bond). If the defendant files nothing and skips the hearing, the plaintiff can get a default judgment.

How to fill out the South Dakota claim form

To fill out the South Dakota claim form, you write the parties' full legal names and addresses (use the Secretary of State search for business defendants), describe the dispute briefly (one or two sentences with dates, contract numbers, or invoice references), state the exact dollar amount you're asking for, and sign and date the form. Attach any supporting documents like the contract, invoice, or photos. The Guide & File tool at southdakota.tylertech.cloud/GuideAndFile/ walks you through this and prints the completed form.

What if you can't afford the filing fee?

If you can't afford the South Dakota filing fee, you file a Fee Waiver Application (Motion and Affidavit to Proceed Without Payment of Fees) at the same time as your Statement of Claim. The application is available at ujs.sd.gov/self-help/pro-se-forms/fee-waivers-forms/. You'll need to show inability to pay without depriving yourself of basic necessities. Receipt of SNAP, TANF, SSI, or Medicaid usually qualifies. The judge reviews the application and either waives, reduces, or denies the fee.

7. Where to file, and how (in person, mail, e-file)

File in the Magistrate Court (Clerk of Courts) of the county where the defendant lives, where the cause of action arose, or, for a business defendant, where the business has a place of business. For landlord-tenant money claims, file in the county where the rental property is located. South Dakota accepts filings in person, by mail, and via drop box at the courthouse. For pro se litigants, the state's Guide & File tool prepares forms but does not e-file: you still print and submit to the clerk.

Which county do you file in?

The county you file in is set by South Dakota's venue rule. For an individual defendant, file in the county where they live or where the cause of action arose. For a business, file in any county where the entity has a place of business. For a non-resident defendant, file where the cause of action arose. For landlord-tenant money claims, file in the county where the rental property is located. The clerk will reject a filing in the wrong venue or transfer it.

How to file in South Dakota small claims

To file in South Dakota small claims you can deliver your completed Statement of Claim and UJS-232 Case Filing Statement to the Clerk of Courts in person, mail them with payment, or use the courthouse drop box where available. The filing fee is $12 for claims up to $4,000 and $16 for claims over $4,000 up to $12,000. Accepted payment methods at each clerk's office vary; call ahead to confirm whether they accept cash, check, or credit card.

How to e-file in South Dakota

To e-file in South Dakota, create an account at southdakota.tylertech.cloud/GuideAndFile/. Note that Guide & File is a form preparation tool for pro se litigants: it helps you fill out the Statement of Claim and other forms but does not actually submit them to the clerk electronically. After completing the forms online, print them and bring or mail them to the Clerk of Courts with your filing fee. Attorneys file through the Odyssey File & Serve system, but pro se small claims filers do not.

What happens if you file in the wrong county?

If you file in the wrong county in South Dakota, the clerk may reject your filing, or the defendant may object and ask the court to transfer the case to the correct county. Either delays your case and may cost you another filing fee. Check the venue rule before you file: defendant's county of residence, the county where the cause of action arose, the county where a business defendant operates, or the county where the rental property sits for landlord-tenant disputes.

8. Filing fees, service fees, and fee waivers in South Dakota

Filing fees in South Dakota small claims are $12 for claims up to $4,000 and $16 for claims over $4,000 up to $12,000 (effective July 13, 2025). Service of process by sheriff is capped by statute at $50 (SDCL 7-12-18). Clerk certified-mail service typically adds $7 to $15 in postage. If you can't afford the fees, file a Fee Waiver Application. Filing fees are recoverable as court costs if you win.

South Dakota filing fees by claim amount

Some counties may add a small law-library surcharge (varies by county). Call the clerk if you want the exact total before mailing payment.

South Dakota service costs

How much does it cost to file in South Dakota?

Filing a South Dakota small claims case costs $12 if your claim is up to $4,000, or $16 if your claim is over $4,000 up to $12,000. These rates took effect July 13, 2025. Some counties add a small law-library surcharge. If the clerk serves the Statement of Claim by certified mail, add about $7 to $15 in postage. Accepted payment methods vary by county; confirm with the local clerk before mailing.

How much does service cost?

Service in South Dakota costs as little as $7 to $15 if the clerk uses certified mail and as much as $50 for sheriff service (the statutory cap under SDCL 7-12-18). Private process servers typically charge $50 or more. If you have to publish or use alternate court-ordered service, expect higher costs that vary by newspaper or service method. Service costs are recoverable as court costs if you win the case.

Can you get the filing fee waived?

You can get the South Dakota filing fee waived by filing a Motion and Affidavit to Proceed Without Payment of Fees, available at ujs.sd.gov/self-help/pro-se-forms/fee-waivers-forms/. You must show inability to pay without depriving yourself of basic necessities. Receipt of SNAP, TANF, SSI, or Medicaid is strong evidence of qualifying low income. Fill out the financial affidavit, sign it under oath, and file it along with your Statement of Claim. The judge decides whether to grant a full waiver, a partial waiver, or to deny.

Are filing fees recoverable if you win?

Filing fees in South Dakota are recoverable if you win the case. Recoverable costs include the filing fee, service fees (sheriff or certified mail postage), any publication costs, statutory witness fees you paid, and sheriff or execution fees if you go to collection. Ask for costs in your Statement of Claim or at the hearing. Attorney fees are recoverable only when a contract or statute specifically authorizes them, and only if you actually paid an attorney.

9. Serving the defendant in South Dakota

South Dakota allows five methods to serve a small claims defendant: clerk certified mail with return receipt (the default), sheriff personal service, a private adult process server, court-ordered alternate service (posting or nail-and-mail), and publication (last resort). The clerk can arrange certified mail service for you. By statute, the hearing must be set at least 5 days after filing to allow time for certified mail service. Before any default judgment, the plaintiff must file the UJS-306 Affidavit of Defendant's Military Status.

Service methods in South Dakota

Service by sheriff or constable

Service by sheriff in South Dakota is the strongest form of service: a deputy hand-delivers the Statement of Claim to the defendant and files a return of service with the court. The sheriff's fee is capped at $50 per service under SDCL 7-12-18. Use sheriff service if certified mail comes back unclaimed, if the defendant won't sign for mail, or if you simply want personal-service proof on the record. Pay the sheriff's office directly when you request service.

Service by certified mail

Service by certified mail in South Dakota is the default method and the cheapest. The clerk mails the Statement of Claim by certified mail, return receipt requested. If the defendant signs the green card, the signed receipt is proof of service. If the certified mail comes back unclaimed (refused or undelivered), it does NOT count as valid service: you must try another method. Service must be completed at least 5 days before the scheduled hearing.

Service by private process server

Service by a private process server in South Dakota requires any disinterested adult (not a party to the case) to hand-deliver the Statement of Claim and file a notarized affidavit describing the date, time, place, and person served. You can hire a commercial process server or ask a friend or family member who is not involved in the case. Process servers typically charge $50 and up, and they often work faster than the sheriff in busy counties.

Court-ordered alternate or substituted service

Court-ordered alternate service in South Dakota is allowed when you have made diligent attempts to locate or serve the defendant and the standard methods have failed. You file a motion describing your efforts (mail returns, sheriff returns, address searches), and the court can order alternate methods like posting at the defendant's last known residence or "nail-and-mail" (post and mail). Follow the court's order exactly and file the required affidavit of posting and mailing afterward.

Service by publication

Service by publication in South Dakota is a last resort that requires a court order and proof that you cannot locate the defendant after diligent search. You publish the notice in a newspaper, typically over multiple weeks, and pay the publication fees. The newspaper provides an affidavit of publication that you file with the court. Publication is expensive, slow, and provides weak proof of actual notice, so use it only after sheriff and certified-mail attempts fail.

What if the defendant refuses or evades service?

If the defendant refuses or evades service in South Dakota, your options are sheriff service (a deputy can leave the papers in some circumstances), private process server, or a motion for alternate service. Document every attempt: dates, times, addresses, and what happened. If certified mail comes back unclaimed, that's not valid service; you need to try again with a different method. The clerk and the sheriff's office can advise on local practice.

Serving a military defendant

To serve a military defendant in South Dakota, you must use a method allowed by South Dakota law and also comply with the federal Servicemembers Civil Relief Act (SCRA). Before any default judgment is entered, you must file the UJS-306 Affidavit of Defendant's Military Status, confirming whether the defendant is in active service. If the defendant is in active service, the court may delay proceedings or appoint counsel to protect them. Use the Department of Defense SCRA lookup site to check status.

10. The defendant's response

After service, the defendant in South Dakota does not have to file a written answer before the hearing in most cases: the Statement of Claim itself sets the hearing date, and the defendant simply shows up to contest. The defendant can file an optional Denial / Counterclaim form before the hearing. If the defendant wants a jury, an appeal right, or an attorney, they must petition to remove the case to the regular civil docket at least 5 days before the hearing, with a $35 fee and a $250 bond.

How long does the defendant have to respond?

The defendant in South Dakota has until the hearing date to respond, which is set on the Statement of Claim and typically 2 to 4 weeks after filing. By statute, the hearing date is at least 5 days after filing to allow time for service. The defendant can file a written Denial / Counterclaim form before the hearing, but is not required to do so: showing up to the hearing and presenting a defense is enough.

What goes in the answer?

A South Dakota Answer (the Denial / Counterclaim form) must include the case caption (the same court and parties listed on the Statement of Claim), a statement admitting or denying each claim the plaintiff made, any affirmative defenses (statute of limitations, payment, release, etc.), and a counterclaim if the defendant has one. Sign and date the form, mail or hand a copy to the plaintiff, and file the original with the clerk before the hearing.

Can the defendant counterclaim?

The defendant can counterclaim in South Dakota by filing the Denial / Counterclaim form before the hearing or by raising the counterclaim at the hearing. The counterclaim must be a money claim within the $12,000 small claims cap. If the counterclaim exceeds $12,000 or seeks equitable relief, the case must be removed to the regular civil docket. The defendant doesn't pay an additional filing fee for a counterclaim in small claims.

What if the counterclaim exceeds the small claims cap?

If the counterclaim exceeds the South Dakota cap of $12,000 or seeks relief outside small claims jurisdiction (like an injunction or specific performance), the defendant must petition to remove the case to the regular civil docket. The removal petition must be filed at least 5 days before the hearing, with a $35 transfer fee and a $250 undertaking (bond). Once removed, the case proceeds under formal rules, with discovery, jury option, and appeal rights restored.

11. Preparing for and attending the hearing

South Dakota small claims hearings happen about 2 to 4 weeks after filing (with a statutory minimum of 5 days). They're informal bench trials before a magistrate judge with no jury. Bring 3 copies of every exhibit (one for you, one for the other side, one for the judge), all your witnesses, and a 2 to 3 minute summary of your case. The magistrate often rules from the bench or mails the judgment within a few days.

When does your hearing happen?

Your South Dakota small claims hearing happens about 2 to 4 weeks after you file, depending on the clerk's calendar and service timing. By statute, the hearing must be at least 5 days after filing to allow time for certified mail service. The hearing date is printed on the Statement of Claim when the clerk dockets the case. If service fails or has to be re-attempted, the hearing may be rescheduled.

How to prepare your case

To prepare your South Dakota small claims case, do five things. First, write a 2 to 3 minute summary of the dispute, in order, with dates. Second, gather every document that supports each part of your story (contract, invoices, photos, texts, repair estimates), and make 3 copies of each. Third, line up any witnesses and confirm they'll attend (or subpoena them if needed). Fourth, calculate your damages clearly: principal owed, interest, costs. Fifth, anticipate the defense's arguments and prepare your responses.

What evidence is admissible in South Dakota?

Evidence admissible in South Dakota small claims includes anything the magistrate decides is reliable enough to consider, because the rules of evidence are relaxed at the judge's discretion. Hearsay (statements made out of court) is often admitted. Photos, screenshots, text messages, emails, repair estimates, invoices, contracts, and recorded conversations are all commonly accepted. Bring originals when you have them. For electronic media (video, audio), arrange in advance with the clerk so the courtroom can play it.

How to subpoena a witness

To subpoena a witness in South Dakota, you request a Civil Subpoena from the clerk, fill it in with the witness's name and address and the date and time of the hearing, and serve it on the witness (you can use the sheriff, a private server, or any adult who is not a party). You must tender witness fees and mileage when you serve the subpoena. The statutory witness fee is typically around $20 per day plus mileage. Subpoena well in advance, ideally a week or more before the hearing.

Can you appear by phone or video?

Phone or video appearance in South Dakota small claims is sometimes allowed at the magistrate's discretion, but practice varies by county. If you need to appear remotely (out of state, military service, medical, accessibility), contact the clerk in writing as early as possible to request it, and explain why. Don't assume remote appearance is available; if you can't get confirmation, plan to appear in person. The court does not typically provide a transcript of small claims hearings.

Continuances and what happens if you can't attend

A continuance in South Dakota small claims is granted only for good cause at the magistrate's discretion. Contact the clerk as early as possible if you need to reschedule, and file a written request explaining the reason. If you're the plaintiff and you fail to appear, the case will generally be dismissed. If you're the defendant and you fail to appear, the plaintiff can get a default judgment (after filing the UJS-306 military status affidavit). If both parties fail to appear, the case is dismissed.

Courtroom etiquette: arrive 15 minutes early, dress like you would for a job interview, turn off your phone, stand when the judge enters, and address the magistrate as "Your Honor." Speak only when it's your turn. Don't interrupt. Bring all documents organized in a folder and your 3 copies of each exhibit.

12. Mediation, interpreters, and ADA accommodations

South Dakota offers voluntary mediation in small claims, but there is no statewide mandatory program and availability varies by circuit. Interpreters are available in Spanish, Lakota/Dakota, American Sign Language (ASL), and other languages as needed. Request an interpreter from the clerk as early as possible (typically at least 5 days before the hearing). ADA accommodations are requested through the clerk's office in writing.

Is mediation available in South Dakota small claims?

Mediation in South Dakota small claims is available but voluntary. There is no statewide mandatory mediation program. Parties may jointly request mediation, ask the court for a continuance to allow time for mediation, or use a local community mediation service. Some circuits offer on-the-spot mediation on the hearing day with a volunteer mediator; others do not. Whether mediation is free depends on the program; community mediation is often free or low-cost.

How to request a court interpreter

To request a court interpreter in South Dakota, you contact the clerk as early as possible (ideally at least 5 days before your hearing) and tell them which language you need. The clerk arranges a certified interpreter, in person or remote. Spanish, Lakota/Dakota, and ASL are commonly available; other languages can be arranged with advance notice. There is no fee to the party for an interpreter in court. Make the request in writing if possible so there's a record.

How to request an ADA accommodation

To request an ADA accommodation in South Dakota, contact the Clerk of Courts where your case is filed and submit a written request as early as possible. Common accommodations include wheelchair-accessible courtrooms, assistive listening devices, ASL interpreters, and accessible document formats. Identify what you need and why. The court will coordinate with you on the specifics. Don't wait until the hearing day to ask: lead time helps ensure the accommodation is ready.

13. What you can recover (and statutory damages multipliers)

If you win in South Dakota small claims, you can recover the underlying damages, court costs (filing fee, service fee, witness fees, publication if used), pre-judgment interest at 10% per year where authorized (SDCL 21-1-13.1), and post-judgment interest at 10% per year. Attorney fees are recoverable only when a contract or statute authorizes them. Certain claims trigger statutory multipliers: double damages for wrongfully withheld security deposits and willfully unpaid wages, and up to triple damages for consumer protection violations.

Statutory damages multipliers in South Dakota

What costs are recoverable in South Dakota?

Costs recoverable in South Dakota include the filing fee, service fees (sheriff fees up to $50 or certified mail postage), publication costs if you had to publish, statutory witness fees you paid (typically around $20 per day plus mileage), and sheriff or execution fees during collection. Ask for costs in your Statement of Claim and at the hearing. Costs are added to the judgment so they collect along with the principal.

How does interest work on South Dakota judgments?

Interest on South Dakota judgments runs at 10% per year, both pre-judgment (on liquidated claims, where authorized under SDCL 21-1-13.1) and post-judgment. That's a high fixed rate compared to many states. To get pre-judgment interest, ask for it at the hearing and have your calculation ready (principal, dates, rate). Post-judgment interest runs automatically on the judgment amount from the date of entry until the judgment is paid in full.

When can you recover attorney's fees?

Attorney's fees in South Dakota small claims are recoverable when (1) a written contract between the parties specifically allows the prevailing party to recover fees, or (2) a statute authorizes fee-shifting for the claim type (some consumer protection and wage statutes do). Since attorneys generally cannot appear in small claims, fee recovery is rare in this forum. If your contract has a fee clause and you hired a lawyer for pre-suit work or appeal, you may still be able to recover those fees.

Statutory damages multipliers in South Dakota

South Dakota statutes that multiply damages in small claims include SDCL 60-11-7 (double damages for willfully unpaid wages), SDCL 43-32-6.1 (double the security deposit for bad-faith retention), SDCL Title 21 (up to double plus service charges for bad checks after 30-day notice), SDCL 37-24-34 (up to treble damages for knowing or intentional consumer protection violations), and SDCL 21-3-8 (up to treble damages for willful timber or property trespass). Ask for the multiplier at the hearing and bring evidence of willfulness or bad faith.

14. Getting a default judgment when the defendant doesn't respond

If the defendant in South Dakota doesn't appear at the hearing, you can ask for a default judgment that same day. Before the court enters default, you must file the UJS-306 Affidavit of Defendant's Military Status (the SCRA affidavit). The magistrate may also conduct a brief prove-up: you testify or present documents to support your damages. Once entered, the default judgment is collectable like any other judgment.

When can you ask for a default judgment in South Dakota?

You can ask for a default judgment in South Dakota after the defendant has been properly served and either fails to appear at the hearing or fails to defend the case. Proof of service must already be on file (signed certified-mail receipt, sheriff's return, or process server's affidavit). The plaintiff must also file the UJS-306 Affidavit of Defendant's Military Status before default can be entered, to comply with the federal Servicemembers Civil Relief Act.

What you file to get a default

To get a default in South Dakota, you file (1) proof that the defendant was properly served (already in the file if the clerk arranged certified mail, or a return from the sheriff or process server), (2) the UJS-306 Affidavit of Defendant's Military Status, and (3) any documents needed for a prove-up of damages (contract, invoices, calculation). The magistrate will conduct a brief prove-up at the hearing and enter judgment if everything is in order.

Can the defendant vacate a default in South Dakota?

A defendant can vacate a South Dakota default by filing a motion to vacate within 30 days of the judgment, showing good cause (improper service, excusable neglect, or a meritorious defense). South Dakota doesn't have a small-claims-specific form for this; use a general motion. If the court grants the motion, the case is reopened and set for hearing. Defendants who get served by certified mail and ignore it have a much harder time vacating than defendants who can show they never received notice.

15. Appealing a small claims judgment in South Dakota

There is no appeal from a South Dakota small claims judgment. By filing in small claims, the plaintiff waives the right to appeal and the right to a jury trial. To preserve appeal and jury rights, the defendant must remove the case to the regular civil docket BEFORE the hearing, by filing a petition at least 5 days before the hearing, paying a $35 transfer fee, and posting a $250 bond.

Who can appeal and when?

Either party in South Dakota small claims cannot appeal after judgment; that's the trade-off for the simplified procedure. The defendant has one chance to preserve appeal rights: remove the case to the regular civil docket BEFORE the hearing. The plaintiff waives appeal rights automatically by choosing small claims. If appeal rights matter to you, file on the regular docket instead of in small claims.

What kind of appeal is it?

An appeal in South Dakota small claims is not available. The small claims judgment is final. Defendants who want a real appeal must remove the case pre-hearing to the regular Circuit Court civil docket, where formal rules, jury trial, and appeal rights apply. Once a small claims hearing has occurred and judgment is entered, the only post-judgment relief is a motion to vacate a default (within 30 days) on grounds like improper service or excusable neglect.

What does an appeal cost?

An appeal in South Dakota costs nothing because there is no appeal from small claims. The cost is built in earlier: if a defendant wants to preserve appeal rights, they pay a $35 transfer fee and post a $250 bond (undertaking) to remove the case to the regular docket at least 5 days before the hearing. After that, normal Circuit Court filing and procedural costs apply.

Does an appeal stop collection?

An appeal stops collection in South Dakota only in the rare situation where a small claims case was removed to the regular docket before the hearing and there are post-judgment appeal proceedings there. Within small claims itself, there is no appeal and nothing to stop collection. Once the judgment is entered, the creditor can immediately begin collection: get a transcript of judgment, request a writ of execution, garnish wages, or levy bank accounts.

16. Collecting your judgment in South Dakota

Winning is half the battle, and South Dakota doesn't collect for you. Since there is no appeal from a small claims judgment, you can begin collection as soon as the judgment is entered. Get a certified transcript of judgment from the clerk, record it with the County Register of Deeds to create a lien on real property, apply for a writ of execution to levy non-exempt assets, garnish wages up to 25%, levy bank accounts, and order the debtor to appear for a debtor's examination. The judgment is good for 10 years and renewable.

16.1 Wait for the appeal window to close

The appeal window in South Dakota for small claims is essentially zero days, because there is no appeal from a small claims judgment. You can begin collection as soon as the judgment is entered and the clerk has it on the docket. The only exception is if the defendant files a motion to vacate a default judgment within 30 days; in that case, you may want to wait until the motion is resolved before recording liens or paying execution fees.

16.2 Get an abstract or certificate of judgment

An abstract of judgment in South Dakota is a certified transcript of the judgment from the Clerk of Courts. Get one from the clerk (there is a small fee), then record it with the County Register of Deeds in any county where the debtor owns real property. Recording creates a judgment lien on the debtor's non-exempt real estate in that county. If the debtor sells or refinances, the lien must be paid out of the proceeds before the deed clears.

16.3 Writ of execution

A writ of execution in South Dakota authorizes the sheriff to seize and sell the debtor's non-exempt personal property to satisfy the judgment. Request the writ from the Clerk of Courts and deliver it to the sheriff in the county where the property is located. The sheriff will charge fees for service and any sale. You typically need to identify specific property (vehicles, equipment, business assets) for the sheriff to levy. Exempt property cannot be seized.

16.4 Wage garnishment

Wage garnishment in South Dakota is allowed up to 25% of the debtor's disposable earnings (or the amount by which weekly earnings exceed 40 times the federal minimum wage, whichever is less). Apply to the court for a garnishment, serve the garnishee summons on the debtor's employer, and the employer will withhold the percentage from each paycheck and send it to you. Wages from Social Security, SSI, VA benefits, unemployment, and workers' comp are exempt from garnishment.

16.5 Bank levy or account garnishment

A bank levy in South Dakota works by serving a garnishment (garnishee summons) on the bank where the debtor has an account. The bank freezes the funds, files a Garnishee's Disclosure, and notifies the debtor. The debtor has a chance to claim exemptions (Social Security, SSI, VA benefits, child support are all exempt and the bank should protect them automatically). After the statutory notice period, the non-exempt funds are released to the creditor.

16.6 Debtor's examination

A debtor's examination in South Dakota is a supplementary proceeding where the debtor appears under oath and answers questions about their assets, income, employment, and property. File a motion or application for an order to appear and have the debtor personally served. The debtor must bring financial documents (paystubs, bank statements, tax returns) and answer your questions. If the debtor doesn't appear, the court can issue a body attachment (a civil arrest warrant) for contempt.

16.7 Satisfaction of judgment

A satisfaction of judgment in South Dakota is filed when the judgment has been paid in full. As the judgment creditor, you must file a Satisfaction of Judgment with the clerk and record a release of any recorded judgment liens with the Register of Deeds. The form is available at ujs.sd.gov. If you don't file the satisfaction after being paid, you can be liable to the debtor. File it promptly once the debt is cleared.

16.8 Judgment renewal

A South Dakota judgment is valid for 10 years and renewable by filing for renewal before it expires. The dossier does not provide a single consolidated form code for renewal; in practice you file a motion or new action to renew, with proof of the original judgment and any payments received. Renew before the 10-year mark to keep collection rights alive. If you miss the deadline, the judgment is no longer enforceable.

16.9 Collecting from an out-of-state debtor (UEFJA)

To collect from an out-of-state debtor, you domesticate the judgment by filing an authenticated copy of your South Dakota judgment with the appropriate clerk in the other state under that state's version of the Uniform Enforcement of Foreign Judgments Act (UEFJA). The reverse also works: South Dakota has adopted the UEFJA, so an out-of-state creditor can file an authenticated judgment with a South Dakota clerk and, after notice, enforce it as a local judgment.

16.10 What's exempt from collection in South Dakota

South Dakota protects the following property from collection. These exemptions stop a creditor from seizing the debtor's basic property, even with a valid judgment. South Dakota generally uses state exemptions rather than the federal bankruptcy exemption list.

Federal law trumps state law for certain benefits: Social Security, SSI, and VA benefits are exempt under federal statutes and banks should protect them automatically when garnishment papers arrive. A bankruptcy filing triggers an automatic federal stay under 11 U.S.C. § 362 that halts all collection.

17. State-specific quirks and pitfalls in South Dakota

South Dakota has several rules that surprise filers. The biggest is that there is no appeal from a small claims judgment: by filing in small claims, the plaintiff waives the right to a jury and the right to appeal. The defendant can preserve those rights only by removing the case before the hearing. Knowing this up front prevents lost cases and wasted filings.

1. No appeals from small claims judgments. Plaintiffs waive appeal and jury rights by filing in small claims. Defendants must remove the case to the regular civil docket before the hearing, with a $35 fee and a $250 bond, to preserve those rights. If you might want to appeal a loss, file on the regular docket instead.

2. Small claims is money only. The magistrate cannot order an eviction, grant an injunction, force someone to perform a contract, or transfer real estate title. If you need anything other than money, file on the regular docket.

3. Unclaimed certified mail is NOT valid service. If the clerk's certified-mail packet comes back unclaimed or refused, you do not have service. You'll need to try sheriff service, a private process server, or move for alternate service. Plan for this delay if the defendant is hard to reach.

4. Attorneys generally cannot appear in small claims. This applies on both sides. Exceptions exist for businesses appearing through an officer or for statutory situations. If you and your dispute really need a lawyer, file on the regular docket.

5. Pre-suit demand is mandatory for some claims. Bad-check claims require a 30-day written notice before suit. Construction-defect claims require written notice and a chance to cure. Government tort claims require notice within 180 days. Missing these notices bars the case.

6. Judgment interest is high. South Dakota's post-judgment rate is 10% per year (SDCL 21-1-13.1 references a category B rate). Pre-judgment interest at the same rate is available on liquidated claims. Ask for it; it adds up fast.

7. Pro se litigants cannot e-file. The Guide & File tool prepares forms but does not file them electronically. You still have to print and submit to the clerk in person, by mail, or by drop box.

8. The military status affidavit (UJS-306) is required before any default. Before the court enters a default judgment, you must file the SCRA affidavit confirming whether the defendant is in active military service. No affidavit, no default.

9. The homestead exemption is acreage-based, not dollar-based. Up to 1 acre in town or up to 160 rural acres are protected, with no dollar cap. A debtor with significant home equity may be effectively judgment-proof on real estate.

10. Claim-splitting is prohibited. You cannot break a single $20,000 dispute into two $10,000 small claims cases. The cap is the cap.

18. Sources and citations

1. South Dakota Unified Judicial System — Court Structure (Magistrate Courts). ujs.sd.gov. https://ujs.sd.gov/self-help/understanding-the-courts/court-structure/. Cited for: court structure, magistrate jurisdiction, self-representation guidance.

2. South Dakota UJS — Small Claims Self-Help. ujs.sd.gov. https://ujs.sd.gov/self-help/civil-law-help/small-claims/. Cited for: small claims scope, forms, procedures, service by certified mail, default and military affidavit (UJS-306), denial/counterclaim form, fee waiver forms, satisfaction of judgment.

3. South Dakota Codified Laws — Chapter 15-39 (Small Claims / Magistrate Procedures). sdlegislature.gov. https://sdlegislature.gov/api/Statutes/15-39.html. Cited for: $12,000 jurisdictional cap, procedural rules, plaintiff waiver of jury and appeal, removal procedure.

4. SDCL 15-2-13 — Statute of Limitations (general). sdlegislature.gov. https://sdlegislature.gov/statutes/PrinterStatute.aspx?Statute=15-2-13. Cited for: 6-year limitations for many contract and property claims.

5. SDCL 15-2 / 15-2-14 — Statutes of Limitations (personal injury, defamation). sdlegislature.gov. https://sdlegislature.gov/Statutes/PrinterStatute.aspx?Statute=15-2. Cited for: 3-year personal injury limit (SDCL 15-2-14), 2-year limits for certain intentional torts.

6. South Dakota magistrate jurisdiction references. law.justia.com. https://law.justia.com/codes/south-dakota/2016/title-16/chapter-12c/section-16-12c-13/. Cited for: magistrate court jurisdiction context.

7. South Dakota Legislative Session Law (2008) — increase of small claims cap to $12,000. mylrc.sdlegislature.gov. https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/4447.html. Cited for: historical change to $12,000 cap.

8. South Dakota legislative clarification (2011) — cap excludes costs and attorney fees. mylrc.sdlegislature.gov. https://mylrc.sdlegislature.gov/api/Documents/SessionLaw/18351.pdf. Cited for: confirmation that $12,000 excludes court costs and attorney fees.

9. South Dakota Secretary of State Business Search. sosenterprise.sd.gov. https://sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx. Cited for: business defendant identification and registered-agent lookup.

10. South Dakota Guide & File (Tyler Technologies). tylertech.cloud. https://southdakota.tylertech.cloud/GuideAndFile/. Cited for: form-preparation tool for pro se litigants.

11. UJS-232 Case Filing Statement (Small Claims). ujs.sd.gov. https://ujs.sd.gov/files/ujs-232-case-filing-statement/. Cited for: case filing statement form reference.

12. UJS Fee Waiver Forms. ujs.sd.gov. https://ujs.sd.gov/self-help/pro-se-forms/fee-waivers-forms/. Cited for: fee waiver application and forms.

13. UJS — Representing Yourself / During the Hearing. ujs.sd.gov. https://ujs.sd.gov/self-help/representing-yourself/during-the-hearing/. Cited for: evidence tips and hearing logistics.

14. UJS — Small Claims Filing Fee Notice (effective 7/13/2025). ujs.sd.gov. https://ujs.sd.gov/media/1lrkbycf/small-claims-filing-fee-07_13_2025.pdf. Cited for: 2025 filing fee schedule ($12 and $16 brackets).

15. SDCL 16-2-39 — Court automation surcharge. sdlegislature.gov. https://sdlegislature.gov/api/Statutes/16-2-39.html. Cited for: statutory basis for filing fee amounts and surcharges.

19. Frequently asked questions

What is the maximum amount you can sue for in South Dakota small claims court?

The maximum amount you can sue for in South Dakota small claims court is $12,000, not counting court costs and attorney fees. The cap is statewide under SDCL Chapter 15-39 and was clarified by the 2011 legislative session to exclude costs and fees. You cannot split a single claim into multiple cases to get around the cap.

How much does it cost to file a small claims case in South Dakota?

Filing a small claims case in South Dakota costs $12 if your claim is up to $4,000, or $16 if your claim is over $4,000 up to $12,000. These rates took effect July 13, 2025. Add about $7 to $15 for clerk certified-mail service, or up to $50 for sheriff service. Some counties add a small law-library surcharge.

How long do I have to sue in South Dakota small claims?

How long you have to sue in South Dakota small claims depends on the type of claim. You have 6 years for most contract and property claims, 3 years for personal injury, 4 years for breach of warranty under the UCC, 4 years for consumer protection, 2 years for defamation and unpaid wages. See the full table in Section 3.

Do I need a lawyer for South Dakota small claims court?

You do not need a lawyer for South Dakota small claims court; in fact, attorneys generally cannot appear on behalf of parties. The procedure is designed for self-representation. If your case is complex enough to need a lawyer, the defendant can remove the case to the regular civil docket before the hearing, where attorneys are allowed.

Can a business sue or be sued in South Dakota small claims?

A business can sue or be sued in South Dakota small claims, and businesses can appear through an officer or authorized non-attorney representative. Use the Secretary of State business search at sosenterprise.sd.gov to confirm the exact legal name and registered agent before filing. Misnaming a business is the top reason judgments can't be collected.

How do I serve the defendant in South Dakota?

To serve the defendant in South Dakota, you can use clerk certified mail with return receipt (the default and cheapest method), the sheriff (capped at $50), a private adult process server, court-ordered alternate service, or publication as a last resort. The clerk arranges certified mail service if you request it. Service must be completed at least 5 days before the hearing.

How long does it take to get a hearing in South Dakota small claims?

Getting a hearing in South Dakota small claims typically takes 2 to 4 weeks from filing. The statute requires at least 5 days between filing and hearing to allow time for service. The exact wait depends on the clerk's calendar and how quickly service is completed. If certified mail comes back unclaimed and you have to re-serve, the hearing may be reset.

What happens at a South Dakota small claims hearing?

At a South Dakota small claims hearing, the magistrate runs an informal bench trial: no jury, relaxed evidence rules, and short presentations from each side. You'll give a 2 to 3 minute summary, present your documents (bring 3 copies), call any witnesses, and answer the judge's questions. The judge often rules from the bench or mails the judgment within a few days.

What if the defendant doesn't show up in South Dakota?

If the defendant doesn't show up in South Dakota, you can ask for a default judgment that day. You'll need to have proof of service on file and file the UJS-306 Affidavit of Defendant's Military Status (the SCRA affidavit) before the court can enter default. The magistrate may conduct a brief prove-up of damages before entering judgment.

What if I miss my South Dakota small claims hearing?

If you miss your South Dakota small claims hearing as the plaintiff, the case will generally be dismissed. If you miss it as the defendant, the plaintiff can get a default judgment against you. You can move to vacate a default within 30 days by showing good cause (improper service, excusable neglect). Contact the clerk immediately if an emergency prevents attendance.

Can I appeal a South Dakota small claims judgment?

You cannot appeal a South Dakota small claims judgment. By filing in small claims, the plaintiff waives appeal and jury rights. The defendant must remove the case to the regular civil docket before the hearing (at least 5 days before, with a $35 fee and a $250 bond) to preserve those rights. The only post-judgment relief is a motion to vacate a default within 30 days.

How do I collect a South Dakota small claims judgment?

To collect a South Dakota small claims judgment, get a certified transcript from the clerk, record it with the County Register of Deeds to create a real-property lien, request a writ of execution to levy non-exempt property, garnish wages or bank accounts, and order the debtor to appear for a debtor's examination. The judgment is valid for 10 years and renewable.

Can I garnish wages in South Dakota?

You can garnish wages in South Dakota up to 25% of the debtor's disposable earnings (or the amount by which weekly earnings exceed 40 times the federal minimum wage, whichever is less). Social Security, SSI, VA benefits, unemployment, workers' comp, and child support payments are all exempt from garnishment. Apply to the court for a garnishment and serve the garnishee summons on the employer.

How long is a South Dakota small claims judgment valid?

A South Dakota small claims judgment is valid for 10 years from entry. To keep collecting after 10 years, you must renew the judgment before it expires. Post-judgment interest at 10% per year runs the entire time, so the amount owed grows substantially if the debtor doesn't pay.

Can I sue a city or government agency in South Dakota small claims?

Suing a city or government agency in South Dakota small claims is possible only after filing a written tort claim notice with the public entity, typically within 180 days of the incident, under SDCL Chapter 3-21 and related statutes. You cannot sue the State of South Dakota or its agencies in small claims without specific statutory consent (sovereign immunity).

Do I have to send a demand letter before filing in South Dakota?

You don't have to send a demand letter before filing in South Dakota for most claims, but it's strongly recommended and judges expect to see one. A demand letter is mandatory for bad-check claims (30-day notice), construction defect claims (notice and opportunity to cure), and government tort claims (notice within 180 days). Send by certified mail with return receipt.

What forms do I need to file in South Dakota small claims?

The forms you need to file in South Dakota small claims are the Plaintiff's Statement of Claim (the complaint), the UJS-232 Case Filing Statement (a cover sheet), and, before any default judgment, the UJS-306 Affidavit of Defendant's Military Status. All are free at ujs.sd.gov. The Guide & File tool helps you fill them out.

Can I file South Dakota small claims online?

You cannot file South Dakota small claims online as a pro se litigant. The state's Guide & File tool at southdakota.tylertech.cloud/GuideAndFile/ prepares the forms but does not submit them electronically. You still print the completed forms and bring them to the Clerk of Courts in person, by mail, or via drop box.

Does South Dakota small claims have a jury?

South Dakota small claims does not have a jury. The magistrate decides the case in a bench trial. By filing in small claims, the plaintiff waives the right to a jury trial. A defendant who wants a jury must remove the case to the regular civil docket before the hearing, with a $35 transfer fee and a $250 bond.

What's the South Dakota security deposit penalty?

The South Dakota security deposit penalty is up to twice the amount of the deposit, under SDCL 43-32-6.1, when the landlord wrongfully retains the deposit in bad faith. To trigger the double-damages penalty, you usually have to give the landlord your forwarding address in writing and wait for the statutory return deadline. Bring the lease, your move-out documentation, and proof of the forwarding address to the hearing.

20. When to call a lawyer (and disclaimer)

This guide is enough for most routine South Dakota small claims cases: an unpaid invoice, a security deposit you can't get back, property damage under $12,000, a simple breach of contract, or a bad check (after the 30-day notice). You don't need a lawyer to file, and in fact attorneys generally cannot appear in small claims.

Consider talking to a lawyer when the claim is near the $12,000 cap, the statute of limitations is ambiguous, a contract has a fee-shifting clause worth invoking, you're dealing with a government defendant or sovereign immunity question, the defendant is likely to be hard to collect from, or the case involves complex business or family relationships. If a lawyer is essential, file on the regular Circuit Court civil docket instead of small claims.

For low-cost legal help, contact the State Bar of South Dakota lawyer referral service, East River Legal Services, or Dakota Plains Legal Services. The University of South Dakota Knudson School of Law also operates a legal clinic.

Disclaimer. This page is general legal information for South Dakota, not legal advice. Reading it does not create an attorney-client relationship. Statutes and court rules change. For advice on your specific situation, consult a licensed South Dakota attorney.

This guide is general information about South Dakota small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in South Dakota for advice about your specific situation.