Small Claims Court in South Dakota: Complete Guide

Quick Facts

• Court nameSmall Claims Court (Magistrate Court)
• Dollar limit$12,000
• Filing fee$30 to $50
• Lawyers allowedNo
• Appeals allowedYes
• Corporations can sueYes

Where to File

The magistrate court in the county where the defendant resides or where the cause of action arose.

How to File

File a Statement of Claim at the magistrate court clerk's office. Pay the filing fee. The court will mail notice of the hearing to the defendant.

Visit South Dakota court website

Tips for Your Case

• South Dakota does not allow attorneys in small claims court.
• The $12,000 limit is relatively high for a state that prohibits attorneys.
• Bring all evidence organized clearly with copies.
• Hearings are informal and brief.
• If you win, South Dakota allows garnishment to collect judgments.

Related Resources

• Statute of limitations in South Dakota
• Free legal aid in South Dakota
• Tenant rights in South Dakota

Frequently Asked Questions

• What is the maximum amount I 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.

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

  No, and lawyers are not allowed in South Dakota small claims court.

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

  Filing fees range from $30 to $50.

• Can I appeal a small claims court decision in South Dakota?

  Yes. Either party can appeal to the circuit court within 30 days.

Sources

• South Dakota UJS: Small Claims