Judgments Questions
To get a judgment against a person in South Dakota, you must start a court action in either small claims or civil court. The judge who hears the case must agree that your claim is valid and rule in your favor.
Small claims court is an informal court which allows people to sue for small losses of money or property ($12,000 or less). The procedures are simple enough that you can file and handle your own claim in court. To start the process, complete the required forms and submit them to the county Clerk of Courts office where the defendant (person you are accusing of causing an alleged harm) lives or where the loss occurred. Learn more.
For losses that exceed $12,000, you would need to file a civil court action. Learn more.
A small claims action must be filed in either the county where the defendant (person you are accusing of causing an alleged harm) lives or the county where the loss occurred. To start an action, you as the plaintiff (person bringing a case against another person) or your attorney must provide a written and signed statement describing the loss amount and how the loss or damage occurred. This statement, along with supporting documents (receipts, cost estimates, contracts, etc.), the Case Filing Statement, and the filing fee are required to start the case. Learn more.
Obtaining a judgment does not guarantee payment, and the court does not enforce collection. What the court does do is place a lien against the debtor for 10 years, which can be renewed for an additional 10 years if it remains unpaid. Some defendants (debtors) can and do pay right away. Others arrange to pay over time. Some situations may require you to enforce the judgment by other legal means, such as an execution. There are other procedures available to collect on a judgment, but they are often legally complex, and the assistance of an attorney may be required. Learn more.
A wage garnishment is a court order or official notice directing an employer to collect funds from an employee to fulfill certain financial obligations or debts, such as a judgment. Garnishing wages is a complex process, and it is best to visit with an attorney. Learn more.