South Dakota Small Claims Court Limits

Before you file, check whether your claim fits under the South Dakota small claims limit of $12,000.

At a glance

Common small claims cases

• Security deposits a landlord did not return
• Unpaid loans, invoices or wages
• Property damage, including minor car accidents
• Defective products or services that were paid for but not delivered

If your claim is over the limit

You can usually either reduce your claim to the limit and give up the rest, or file in a higher civil court where formal procedures apply and having a lawyer is more common. Splitting one claim into several cases to get under the limit is generally not allowed.

Filing a small claims case

1. Make a written demand first; many disputes settle at this stage.
2. Gather contracts, receipts, photos and messages. The small claims court checklist covers what to bring.
3. File in the right court, usually where the defendant lives or does business or where the problem happened, and pay the filing fee.
4. Have the defendant served properly, then prepare a short, organized presentation for the hearing.

More: how small claims court works and how to collect a small claims judgment. Tenants often use small claims for deposits; see South Dakota security deposit laws.

Sources

1. RecordingLaw: Small claims court limits by state
2. Cornell Law School LII: Small claims court