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Small claims forms · South Dakota

South Dakota small claims court forms, filled in for you

Answer a few questions once. Vera fills in the South Dakota court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.

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To sue (you're the plaintiff)

  • Plaintiff's Statement of Small Claims (UJS-008)

    The court's own form (ujs.sd.gov)

    What to know
    • Small claims are heard in magistrate court, and no claim may exceed $12,000, not counting allowable costs or attorney fees (SDCL 15-39-45.1). File "in the county where the defendant lives or in the county there the loss occurred" (the Guide to Small Claims Court).
    • If the claim is for a residential security deposit: the landlord must return it, or give a written statement of the specific reason for keeping any of it, within twenty-one days after the tenancy ends and the landlord receives your mailing address; a landlord who does not forfeits the right to keep any of it, and bad faith retention brings "punitive damages not to exceed two hundred dollars" (SDCL 43-32-24).
    • You can bring the case yourself: "Either party may be represented by an attorney at the trial. However, because small claims court is informal and the judge will explain legal procedures, hiring a lawyer is not necessary" (the Guide to Small Claims Court). A corporation may act through an officer, manager or local manager, and a limited liability company through a member, manager or local manager (SDCL 15-39-47).
    • This is the South Dakota Unified Judicial System's form. "ALL FORMS MUST BE PRINTED SINGLE-SIDED AND COMPLETED IN BLACK INK" (the court's Small Claims Court page).
    • Check the county and names at the top. Vera fills the judicial circuit only when your court's name says it; otherwise ask the clerk which circuit your county is in.
    • Vera filled your name as plaintiff, the other side's as defendant, and the SMC Case No. only when your case has one; otherwise leave it for the clerk. From your answers in Court forms, it filled the basis for your claim (why, the date, and how you figured the amount, in your words), the principal, the amount you ask for, and, if you said you ask for interest, the Interest line with the amount you gave. The principal excludes interest and filing fees: if your amount includes interest, move that part to the Interest line (the form). If you said you are suing a second defendant, Vera put their name on the second defendant line at the top; the Guide adds $11.84 to the fees for each additional defendant, and the Case Filing Statement has room for one defendant, so ask the clerk how to give the second one's address. Fill in the interest if Vera did not, the subtotal, filing fees and total (the court's Small Claims Fee Calculator is on its website), and choose a service box if you want one; Vera does not (the form).
    • Sign and date it yourself (the form). Vera never signs or dates a form.
    • File it with a Case Filing Statement (UJS-232), your supporting documents (receipts, cost estimates) and both addresses with the clerk of courts, and pay the fees then (the Guide to Small Claims Court). The Small Claims Filing Fees, effective July 12, 2026, total $24.84 for $.01 to $100, $30.84 for $100.00 to $1000, $40.84 for $1000.01 to 3999.99 and $42.84 for $4000 to $12,000; the Guide adds $11.84 for each additional defendant.
    • The clerk fixes the date the defendant must answer by or the hearing date, at least five days from the start of the action, and sends the defendant the notice by certified or registered mail, return receipt (SDCL 15-39-54; the Guide). If the mail comes back undelivered, the sheriff can serve it personally for another fee, with your authorization (the Guide; SDCL 15-39-55). "It's the plaintiff's responsibility to contact the Sheriff's Office or process server for fee amounts and to file the Return of Service" (the form).
    • Before a default judgment, you must file an affidavit about whether the defendant is in the military service (UJS-306) (the Guide to Small Claims Court). There is no appeal from a small claims decision (SDCL 15-39-57).

  • Case Filing Statement (UJS-232)

    The court's own form (ujs.sd.gov)

    What to know
    • File it with your Plaintiff's Statement of Small Claims (UJS-008) (the Guide to Small Claims Court). It is information only and not kept in the case records (the form). Leave the case file number blank and write the case type from the court's list of case types.
    • Vera fills each name's last, first and middle names and suffix from the parts you confirmed above, and leaves them blank until then. If a party is a business, its name goes in Last/Business Name. From your answers in Court forms, Vera put your address on your Mailing Address line and, when you are the plaintiff, the defendant's address on their Physical Address line. Add your physical address, or check "Same as Mailing" if it is the same, the plaintiff's address if you are the defendant, and the phones (home, work or cell). All filers must give the Social Security number or driver's license number for each participant; a business gives its EIN instead (the form).

If you were sued (you're the defendant)

  • Denial/Counterclaim (UJS-278)

    The court's own form (ujs.sd.gov)

    What to know
    • File it with the clerk of courts "within the time limit specified in the notice" (the Guide to Small Claims Court). "If a Denial is not filed, the court may grant the Plaintiff everything requested in the Plaintiff's Statement of Small Claims and enter a Default Judgment against the Defendant" (UJS-278 instructions).
    • This is the South Dakota Unified Judicial System's form. "ALL FORMS MUST BE PRINTED SINGLE-SIDED AND COMPLETED IN BLACK INK" (the court's Small Claims Court page).
    • Check the county, file number and names against the notice you received. Vera fills the judicial circuit only when your court's name says it; otherwise ask the clerk which circuit your county is in.
    • Vera filled the plaintiff, you as defendant, the file number when your case has it, and your printed name, and from your answers in Court forms your street address, phone and email under the signature. "You must respond to each allegation in the Plaintiff's Statement of Small Claims": list what you agree with, disagree with, partially agree or disagree with (check one), or do not have enough information about (UJS-278 instructions). Vera lists none of them: it does not know the plaintiff's statements. If you said you disagree with all or part of the claim, Vera wrote your reasons (for part, first the amount you agree you owe, if you gave it) on the explanation lines, or on a page at the end if they are longer, with "See attached page." on the first line.
    • If you said you are suing back, Vera filled the Principal of your counterclaim and put what it is for, with the date it arose if you gave it, on a page at the end, because the form's space for the basis of your claim has no field: write "See attached page" in that space, and fill in any interest, fees and the total (the form).
    • A counterclaim, for something related to the original claim, must be filed within the time for answer (SDCL 15-39-66; the Guide). The form notes the amount "may be less than $12,000 to be in small claims court", and you pay the Clerk of Court a postage fee for serving it by certified mail (the form): $11.84, "Counter-Claim Postage" (Small Claims Filing Fees, July 12, 2026).
    • Date and sign it, and add your address and phone number (UJS-278 instructions). You sign under penalty of perjury (the form). Vera never signs or dates a form.
    • File the original with the Clerk of Court, with a Case Filing Statement (UJS-232); keep one copy and "another to be served on the Plaintiff" (UJS-278 instructions). To move the case to the regular civil docket instead, file a petition with a supporting affidavit at least five days before the date you must appear or answer, with the $35 entry sum and a $250 deposit (SDCL 15-39-57).
    • "Either party may be represented by an attorney at the trial. However, because small claims court is informal and the judge will explain legal procedures, hiring a lawyer is not necessary" (the Guide to Small Claims Court). A corporation may act through an officer, manager or local manager, and a limited liability company through a member, manager or local manager (SDCL 15-39-47).

  • Case Filing Statement (UJS-232)

    The court's own form (ujs.sd.gov)

    What to know
    • "Complete a Case Filing Statement and file it along with the Denial/Counterclaim at the Clerk of Court office" (UJS-278 instructions). It is information only and not kept in the case records (the form). Vera filled the case file number if your case has one; otherwise copy it from the notice.
    • Vera fills each name's last, first and middle names and suffix from the parts you confirmed above, and leaves them blank until then. If a party is a business, its name goes in Last/Business Name. From your answers in Court forms, Vera put your address on your Mailing Address line and, when you are the plaintiff, the defendant's address on their Physical Address line. Add your physical address, or check "Same as Mailing" if it is the same, the plaintiff's address if you are the defendant, and the phones (home, work or cell). All filers must give the Social Security number or driver's license number for each participant; a business gives its EIN instead (the form).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.