South Dakota Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in South Dakota: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for South Dakota
- Small claims limit
- $12,000, not including allowable costs or attorney fees. Punitive damages are generally not available. SDCL 15-39-45, 15-39-45.1
- Filing fee
- Total filing fee and certified-mail costs (as of July 12, 2026): $24.84 for claims of $100 or less; $30.84 for $100.01-$1,000; $40.84 for $1,000.01-$3,999.99; $42.84 for $4,000-$12,000; add $11.84 for each additional defendant. These costs may be added to the amount claimed. SDCL 15-39-52; UJS Small Claims Filing Fees (July 12, 2026)
- Are lawyers allowed?
- Yes. Either party may be represented by an attorney, but a lawyer is not necessary because the court is informal and the judge explains procedures. SDCL 15-39-47; UJS Guide to Small Claims Court
- Appeals
- No appeal. No party may appeal a small claims decision; appeal rights exist only if the case is removed to the regular civil docket. SDCL 15-39-57
Court: Small Claims Court (heard by a circuit court or magistrate judge). Last verified: 2026-10-24.
How to file a small claims case in South Dakota
- Try to resolve the dispute directly; if that fails, confirm your claim is $12,000 or less.
- Complete the Plaintiff's Statement of Claim (UJS-008) and Case Filing Statement (UJS-232), on paper or through Guide and File.
- File in the county where the defendant lives or where the loss occurred and pay the filing fee and postage ($24.84 to $42.84, plus $11.84 per extra defendant).
- The clerk mails notice to the defendant by certified mail and sets an answer or hearing date; authorize sheriff service if mail fails.
- A defendant who disputes the claim files a Denial/Counter Claim (UJS-278) by the deadline or may seek removal to circuit court.
- Attend the trial with witnesses and documents; the decision cannot be appealed.
- If unpaid, request an execution from the clerk after 30 days and deliver it to the sheriff, or pursue garnishment.
Can you use small claims court?
| Small claims limit | $12,000, not including allowable costs or attorney fees. Punitive damages are generally not available. The UJS guide also cites SDCL 16-12C-13 for the $12,000 limit. Source: SDCL 15-39-45, 15-39-45.1 |
|---|---|
| Who can file | Parties must be at least 18; a minor must be represented by a parent or guardian. One of several plaintiffs may act for all, a corporation or LLC may act through an officer or manager, and a bona fide assignee of a claim (including an assignment for collection) may sue, so collection agencies may file on properly assigned debts. |
| Are lawyers allowed? | Yes. Either party may be represented by an attorney, but a lawyer is not necessary because the court is informal and the judge explains procedures. |
Filing your case
| Where to file | Against an individual: the county where the defendant lives or where the claim arose. Against a corporation, LLC or partnership: any county where it has a place of business. Venue can be changed only by agreement or by court order for good cause. Source: SDCL 15-39-69 |
|---|---|
| Official forms | South Dakota's statewide small claims forms for plaintiffs are the Plaintiff's Statement of Claim (UJS-008) and Case Filing Statement (UJS-232), plus the Statement of Military Status (UJS-306), Small Claims Notice of Dismissal (UJS-255) and Satisfaction of Judgment (UJS-019); a Plaintiff's Small Claims Packet (Print All) is also offered. Defendants use the Denial/Counter Claim form (UJS-278). Small claims cases can also be started with the free Guide and File online interview, which generates forms to print and file at the clerk's office; the UJS site also has an eFile SD portal and an electronic filing page for self-represented litigants. Guide and File: https://ujs.sd.gov/self-help/guidefile/ |
| Filing fee | Total filing fee and certified-mail costs (as of July 12, 2026): $24.84 for claims of $100 or less; $30.84 for $100.01-$1,000; $40.84 for $1,000.01-$3,999.99; $42.84 for $4,000-$12,000; add $11.84 for each additional defendant. These costs may be added to the amount claimed. |
| Filing online | Yes. The UJS Guide and File online interview can be used to start a small claims case or to file a defendant's answer or counterclaim, and electronic filing is available to self-represented litigants. Source: UJS Small Claims self-help page |
| Serving the defendant | The clerk of courts mails notice to the defendant by certified mail with return receipt. If the defendant does not receive it, the plaintiff may authorize personal service by the sheriff for an added fee. If notice fails and is not pursued, the clerk may dismiss the case without prejudice after 90 days. |
Before and at the hearing
| When the hearing happens | The clerk sets an answer date or a hearing date at least five days after the action begins, allowing time for the mailed notice to reach the defendant. Source: SDCL 15-39-53 |
|---|---|
| Does the defendant file an answer? | A defendant who contests the claim must file an answer (form UJS-278) with the clerk by the deadline in the notice, stating which parts of the claim are disputed and why; general denials are not allowed. A defendant who does not comply with the notice may be defaulted. |
| Counterclaims | A defendant may file a setoff or counterclaim within the court's civil jurisdiction by the answer deadline; the claims are heard together. The compulsory counterclaim rule does not apply in small claims. A plaintiff facing a counterclaim may request removal to the regular docket at least five days before the answer or appearance date. Source: SDCL 15-39-66 |
| Jury trial | No jury in small claims; the plaintiff waives a jury by filing. A defendant may petition to remove the case to the regular civil docket (for a jury or court trial) at least five days before the appearance date, with an affidavit showing good reasons and a meritorious defense, a $35 entry fee and a $250 deposit for the plaintiff's costs. Source: SDCL 15-39-56 to 15-39-58 |
After the decision
| Appeals | No appeal. No party may appeal a small claims decision; appeal rights exist only if the case is removed to the regular civil docket. Source: SDCL 15-39-57 |
|---|---|
| Collecting your judgment | A judgment creates a recorded lien but the court does not collect it. Except for default judgments or a special order, an execution may issue 30 days after judgment (and within 20 years); the sheriff then has 60 days to find non-exempt property. Garnishment is also available. Judgments may be renewed before 10 years. |
Deadline to sue
6 years for an action on a contract, obligation, or liability, express or implied — the same 6-year period applies to written and oral leases. SDCL 15-2-13(1)
Official forms and help
Suing a landlord or tenant in South Dakota
South Dakota small claims is commonly used for security deposit refunds, unpaid rent and property damage claims up to $12,000. Bring the lease, move-in and move-out records, receipts and repair estimates as evidence.
- South Dakota security deposit demand letter (send before you sue)
- South Dakota security deposit law
- Tenant lawyers and free legal aid in South Dakota
South Dakota small claims FAQ
What is the small claims limit in South Dakota?
$12,000, not including allowable costs or attorney fees. Punitive damages are generally not available.
Who can file a small claims case in South Dakota?
Parties must be at least 18; a minor must be represented by a parent or guardian. One of several plaintiffs may act for all, a corporation or LLC may act through an officer or manager, and a bona fide assignee of a claim (including an assignment for collection) may sue, so collection agencies may file on properly assigned debts.
Can you bring a lawyer to small claims court in South Dakota?
Yes. Either party may be represented by an attorney, but a lawyer is not necessary because the court is informal and the judge explains procedures.
Where do I file a small claims case in South Dakota?
Against an individual: the county where the defendant lives or where the claim arose. Against a corporation, LLC or partnership: any county where it has a place of business. Venue can be changed only by agreement or by court order for good cause.
How much does it cost to file in small claims court in South Dakota?
Total filing fee and certified-mail costs (as of July 12, 2026): $24.84 for claims of $100 or less; $30.84 for $100.01-$1,000; $40.84 for $1,000.01-$3,999.99; $42.84 for $4,000-$12,000; add $11.84 for each additional defendant. These costs may be added to the amount claimed.
How do I serve the other side in a South Dakota small claims case?
The clerk of courts mails notice to the defendant by certified mail with return receipt. If the defendant does not receive it, the plaintiff may authorize personal service by the sheriff for an added fee. If notice fails and is not pursued, the clerk may dismiss the case without prejudice after 90 days.
How long does a small claims case take in South Dakota?
The clerk sets an answer date or a hearing date at least five days after the action begins, allowing time for the mailed notice to reach the defendant.
Does a defendant have to file an answer in South Dakota small claims court?
A defendant who contests the claim must file an answer (form UJS-278) with the clerk by the deadline in the notice, stating which parts of the claim are disputed and why; general denials are not allowed. A defendant who does not comply with the notice may be defaulted.
Can the defendant file a counterclaim in South Dakota small claims court?
A defendant may file a setoff or counterclaim within the court's civil jurisdiction by the answer deadline; the claims are heard together. The compulsory counterclaim rule does not apply in small claims. A plaintiff facing a counterclaim may request removal to the regular docket at least five days before the answer or appearance date.
Is there a jury in South Dakota small claims court?
No jury in small claims; the plaintiff waives a jury by filing. A defendant may petition to remove the case to the regular civil docket (for a jury or court trial) at least five days before the appearance date, with an affidavit showing good reasons and a meritorious defense, a $35 entry fee and a $250 deposit for the plaintiff's costs.
Can you appeal a small claims decision in South Dakota?
No appeal. No party may appeal a small claims decision; appeal rights exist only if the case is removed to the regular civil docket.
How do I collect a small claims judgment in South Dakota?
A judgment creates a recorded lien but the court does not collect it. Except for default judgments or a special order, an execution may issue 30 days after judgment (and within 20 years); the sheriff then has 60 days to find non-exempt property. Garnishment is also available. Judgments may be renewed before 10 years.
Can I file a small claims case online in South Dakota?
Yes. The UJS Guide and File online interview can be used to start a small claims case or to file a defendant's answer or counterclaim, and electronic filing is available to self-represented litigants.
Where can I get small claims court forms in South Dakota?
South Dakota's statewide small claims forms for plaintiffs are the Plaintiff's Statement of Claim (UJS-008) and Case Filing Statement (UJS-232), plus the Statement of Military Status (UJS-306), Small Claims Notice of Dismissal (UJS-255) and Satisfaction of Judgment (UJS-019); a Plaintiff's Small Claims Packet (Print All) is also offered. Defendants use the Denial/Counter Claim form (UJS-278). Small claims cases can also be started with the free Guide and File online interview, which generates forms to print and file at the clerk's office; the UJS site also has an eFile SD portal and an electronic filing page for self-represented litigants.
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