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South Dakota Small Claims Court Limits
South Dakota small claims court limit is $12,000 for all plaintiffs.
Court Name: Small Claims Court (Magistrate Court or Circuit Court)
Official Website: https://ujs.sd.gov/self-help/civil-law-help/small-claims/
Filing Fees in South Dakota
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Typical Range | $40-70 |
Filing fees vary based on claim amount. Service fees additional.
Serving the Defendant
Service must be completed at least 10 days before the trial date.
Allowed Service Methods:
- Personal service by sheriff
- Certified mail with return receipt
- Process server
Important: You must serve the defendant at least 10 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-60 days for your hearing date.
No Lawyers Required: Attorneys are NOT allowed in South Dakota small claims court. Parties must represent themselves.
Appeals
Either party may appeal to Circuit Court within 30 days.
South Dakota Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | years |
| Oral Contract | years |
| Property Damage | years |
| Personal Injury | years |
Do I Need a Demand Letter Before Filing?
Sending a demand letter is recommended to show you attempted resolution before filing.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in South Dakota?
The South Dakota small claims court limit is $12,000 for all plaintiffs.
Can I have a lawyer in South Dakota small claims court?
No. Attorneys are not permitted in South Dakota small claims court. All parties must represent themselves.
How long do I have to sue for breach of contract in South Dakota?
In South Dakota, you have 6 years to file a lawsuit for breach of written or oral contract.
How do I appeal a South Dakota small claims judgment?
Either party may appeal to Circuit Court within 30 days of the judgment.
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup