A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In South Dakota you can sue for up to $12,000 in the Small Claims Court (Magistrate Court, part of the Circuit Court), without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
South Dakota's small claims rules don't require a demand letter before you file, but asking for payment first is still a good idea. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
File with the clerk of courts in the county where the defendant lives or where the loss happened. You can file by mail, but you may have to travel to that county for the hearing.
Plaintiff's Statement of Claim (filed with the UJS-232 Case Filing Statement). The clerk sets an answer deadline or a hearing date when you file. There's no fixed timeline; ask the clerk.
$24.84 for claims up to $100, $30.84 up to $1,000, $40.84 up to $3,999.99, and $42.84 from $4,000 to $12,000. These amounts include certified mail service on one defendant; each extra defendant adds $11.84. Sheriff service, if needed, costs extra. If you can't afford it, ask for a fee waiver: Ask the clerk of courts about filing without paying fees. A fee waiver request can't be filed online; it must be filed in person..
The clerk mails the notice to the defendant by certified mail. If the mail isn't received, you can ask the sheriff to deliver it in person for an extra fee. The clerk sets the answer or hearing date at least 5 days after filing, leaving enough time for the certified mail to arrive.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. The court records the judgment as a lien but doesn't collect for you. After 30 days you can ask the sheriff to seize property (execution) or use garnishment.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Some deadlines start later if the harm was discovered later.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 6 years |
| Broken verbal agreement | 6 years |
| Damaged property | 6 years |
| Personal injury | 3 years |
| Fraud | 6 years |
| Libel or slander | 2 years |
| Claims against a government agency | To sue the state or a local government in South Dakota, you generally must give written notice within 180 days of the injury. |
Yes. Lawyers are allowed but not required. A corporation can be represented by an officer.
You can sue for up to $12,000. Businesses have the same limit. The court suggests confirming the current limit with the clerk of courts. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
Neither side can appeal a small claims judgment. Before the hearing, the defendant can instead ask to move the case to regular circuit court.
Ask the clerk of courts well before the hearing if you need an interpreter.