| SECOND JUDICIAL CIRCUIT |
| CLERK OF COURTS |
Minnehaha County
425 N. Dakota Avenue
Sioux Falls, SD 57104-2470
(605) 782-3026 or (605) 782-3027
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Lincoln County
104 North Main Street
Canton, SD 57013
(605) 987-5891
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This information is intended to provide public information, not
legal advice. It is provided for informational purposes only and
should not be considered legal advice. The Clerk of Court's Office
is prohibited from providing legal advice or services. You should
consult an attorney if you have legal questions. |
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The small claims court is an informal court, which allows people to
sue for small losses of money or property. The procedures are
simple enough so that an individual can file and handle his own
claim in court.
The limit set by law for small claims actions is $12,000.00 or less
plus court costs incurred. |
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The parties to the action are: PLAINTIFF - Party filing the claim |
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DEFENDANT - Party who claims are filed against. |
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STARTING THE SMALL CLAIMS ACTION
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FILING A CLAIM IS NO GUARANTEE OF PAYMENT |
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The small claims action must be filed in the county where the
defendant lives, or in the county
where the loss occurred. To start the action, the plaintiff
or his attorney must provide a written signed statement, describing
how the loss or damage occurred. This statement, along with
supporting documents (see attachment A), and the address of the
plaintiff and defendant, must be filed with the clerk of court. The
fee and court costs for filing a small claims action vary, depending
on the amount of loss claimed. The plaintiff pays these fees at the
time of filing. |
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FILING FEE: |
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$ |
.01 |
to |
$ |
100.00 |
= |
$ |
17.98
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$ |
100.01 |
to |
$ |
1000.00 |
= |
$ |
23.98
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$ |
1000.01 |
to |
$ |
3,999.99 |
= |
$ |
33.98
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$ |
4000.00 |
to |
$ |
12000.00 |
= |
$ |
35.98
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Additional postage of $5.98 is required on each additional
defendant. All filing fees are added to the claim. The fees and
postage amounts may be changed by law, so the plaintiff should ask
the clerk about the fees. Filing fees are non-refundable. |
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When the clerk accepts the statement of damages claimed and the
necessary fees, the case will be entered on the small claims
docket. The clerk will assign a default hearing date.
It is
the Plaintiffs responsibility to appear at the clerk of courts
office on the default date at the specified time to receive a
default judgment or inform the clerk of any settlements. If an
answer or denial is filed, a court trial date will be set and all
parties will be notified. All settlements need to be in writing.
This is important information
and it should be carefully noted for future reference.
An answer date will also be set and given to the defendant. The
answer date will be approximately six weeks away to allow service
upon the defendant.
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Once the papers are filed and the action is docketed and placed on the
court calendar, the clerk will send the proper notice to the defendant
by certified mail, informing him of the lawsuit being brought against
him. If the defendant does not receive the notice by certified mail, it
may be necessary to have a private process server or the sheriff serve
the notice on him personally. In the event personal service is
necessary, the Plaintiff must pay the service fees, which are then added
to the amount of the claim. |
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PERSONAL
SERVICE |
| You may use one of the following agencies for personal service of Small Claims Notice: |
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SHERIFF'S DEPARTMENT - 367-4331
Law Enforcement Center
320 W 4th Street – 2nd floor,
Sioux Falls, South Dakota 57104 |
PRIVATE
PROCESS SERVERS
(See Process Server in the Yellow Pages) |
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YOU CANNOT GET A JUDGMENT AGAINST THE DEFENDANT UNLESS SAID DEFENDANT IS
PROPERLY SERVED, OR THE CERTIFIED LETTER IS REFUSED.
It is YOUR responsibility to make sure the defendant is served, and that
we have proof of service by the court date.
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WHAT SHOULD THE DEFENDANT DO?
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If the defendant, after receiving notice of lawsuit, wishes to settle
the dispute without going to trial, he should contact the plaintiff and
try to arrange a settlement. In the event of an out-of-court
settlement, it is the plaintiff’s responsibility to contact the clerk of
court and cancel the lawsuit. The defendant is advised to contact the
clerk of court to verify the cancellation. |
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CONTEST OR DENY:
If the defendant wishes to contest the plaintiff’s claim, he must file a
written denial with the clerk of court stating fully and specifically
what parts of the claim are contested and why they are contested. The
denial must be filed on or before the denial date. If the defendant
files a denial all parties to the action will be notified of the date
and time of the court hearing. The denial date is important information
and it should be carefully noted. |
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COUNTERCLAIM:
A Defendant may deny the claim and also COUNTERCLAIM if the Plaintiff
has damaged them. They must also have documentation of their
counterclaim. The claim and counterclaim will be heard at the same
time. |
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REMOVAL TO CIRCUIT COURT:
The Defendant may wish to have the action transferred to circuit court.
The procedure for this can be found in the South Dakota Codified Laws. |
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DEFAULT JUDGMENTS, CONTESTED CASES
AND SUBPOENAS
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DEFAULT JUDGMENT
If the defendant fails to comply properly with the notice or fails
to appear for the court hearing, they may lose the case by default and
have a judgment entered against them in favor of the plaintiff. The
plaintiff should send a letter to the defendant stating that a default
judgment has been entered in the amount requested and unless the
judgment is paid in 10 days you may take steps to collect.
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CONTESTED CASES
Both the plaintiff and defendant should be
certain of the date, hour, and place of trial, and be there on time.
The clerk swears in plaintiffs, defendants and witnesses. The Judge
will ask questions of both parties about their claim and defense. After
the judge receives all available testimony, the judge usually announces
their decision. However the judge may delay the decision, and put the
judgment in writing at a later date. If you receive a money judgment in
a contested case, you must wait 30 days or such additional time given
the other party to pay before additional steps can be taken to try and
collect.
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A small claims
judgment is final – it cannot be appealed. |
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SUBPOENAS
The plaintiff or
defendant may request to have a witness subpoenaed to testify on their
behalf. The fees for subpoenas are $2.00 per person and can be obtained
through our office. There are certain guidelines you must follow per
statute regarding service and witness fees. You will find this
information on the second page of your subpoena. |
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HOW DO I GET MY MONEY IF I WIN?
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Note:
The award of a judgment does not guarantee payment of the claim. The
court makes the decision and records the judgment, it does not enforce
collection. While the entry of judgment does create a recorded lien
against the debtor, it does not guarantee payment of the debt.
Three (3) steps you may take to try and collect are: |
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EXECUTIONS |
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If you are not paid within the respective time periods, you may
return to the Small Claims Clerk and obtain an execution, which is an
order requiring the Sheriff to attempt to find money or other property
to satisfy your judgment. The cost of an execution is $5.00, which must
be paid in advance to the clerk of the Small Claims Court. The sheriff
has fees that they must charge for attempting to collect your judgment.
These charges may be recovered from the judgment debtor in addition to
the amount of the judgment. |
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GARNISHMENT OF WAGES |
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You must know where the debtor is employed. You may obtain garnishment
forms at office equipment stores. The clerk of courts office cannot
give these forms to you. The clerks are also forbidden to answer
questions as to how to complete any forms. |
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DRIVER’S LICENSE |
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The driver’s license of a debtor may be pulled if the claim arises
from a motor vehicle accident. The plaintiff can return to the Clerk of
Courts office and obtain a certified copy of the judgment for a $2.00
fee. This certified copy is then mailed to the Driver Improvement
Program in Pierre. An envelope will be provided. |
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IT IS NECESSARY
THAT YOU SATISFY THIS JUDGMENT WITH THE CLERK OF COURTS ONCE IT HAS BEEN
PAID IN FULL. |
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ATTACHMENT A |
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QUESTIONS YOU WILL BE ASKED |
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1. Is the defendant a resident of the county where you are
filing the case? |
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2. Did the transaction take place in
the county where you are filing the case? |
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If you can not answer yes to one of these questions, then the small
claims cannot be filed in that county. |
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INFORMATION NEEDED AT THE TIME OF FILING: |
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| 1. Written
statement, which is signed by plaintiff describing how the loss or
damage occurred. |
| 2. Supporting
documents for any amount you are seeking |
| 3.
A current mailing address of the defendant |
| 4. Correct
spelling of the defendant’s name |
| 5. Filing
fee |
| 6. Civil
Case Filing Statement |
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EXAMPLES OF SUPPORTING DOCUMENTS
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These are only a few examples
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Car accident: |
Two (2) estimates and accident/police report, or proof of value
if totaled. |
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Past Due Rent: |
Copy of the lease if available, the dates for which the rent covers, the exact dollar amount, address of rental property, receipts for any damages you are requesting. |
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Security Deposit: |
A copy of the receipt or proof of payment. |
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Past Due Account: |
A copy of bill or statement. |
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NSF Checks, Acct Closed or Stop Payment: The original check. |
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Revised 5/14/07 |