The Small Claims Court in South Dakota provides a quick and effective way to obtain judicial relief in civil claims where the amount of damages sought is less than $12,000.

General Parameters

A small claims court has jurisdiction to resolve claims of up to $12,000 – a limitation that has increased from $2,000 over 30 years ago. Once a small claims suit is filed, the Clerk of Courts sends notice of the claim to the named defendant through registered or certified mail. After the defendant is served, the case is usually set for trial before a judge within 1-2 months. Individual parties may appear pro se – i.e., without a lawyer. Indeed, the small claims process is less formal than circuit court and is designed to accommodate parties appearing without counsel. At the conclusion of the trial, the judge will issue an oral ruling, which is final and not subject to appeal. 

A plaintiff with a claim exceeding $12,000 may even choose to voluntarily reduce their claim to $12,000 in order to obtain relief via the quick and final small claims process, rather than pursuing a lawsuit in circuit court, which usually is much more expensive (due to the necessity of hiring counsel) and time-consuming (cases usually do not get resolved for 1-3 years, and the final ruling is subject to appeal to the South Dakota Supreme Court). 

A defendant who is served with a small claims suit may file a denial to the claim, explaining why the plaintiff’s claim should be barred or denied, in whole or in part. The defendant is also permitted to file a counterclaim against the plaintiff. Such counterclaims are governed by the same jurisdictional limit $12,000. As such, one small claims trial may actually result in the adjudication of claims up to $24,000.

Small claims suits are limited to “claims in the nature of contract or tort, other than slander and libel” and for “collection of fees, costs, or civil penalties assessed by local governmental entities.” The small claims court is not authorized to award exemplary (i.e., punitive) damages. Furthermore, as referenced above, parties who submit themselves to small claims court waive their right to a jury trial and the right to appeal the final decision.

Limitation on Plaintiffs? (none in SD)

In South Dakota, there is no limitation on how many times a plaintiff may use the small claims process. Other states have shielded their citizens from an overuse of the mechanism by creditors and collection agencies. Some states (Arkansas and Oklahoma) categorically prohibit debt assignees and collection agencies from filing in small claims court. The approach in Colorado is a bit different. Instead of prohibiting certain entities from using small claims court, Colorado has enacted an explicit numerical cap on the number of small claims filings a party may make within a given time period: “no plaintiff may file more than two claims per month, eighteen claims per year, in the small claims court of any county.”

Usage in South Dakota

The creation of Small Claims Court in South Dakota effectuated a means for promoting quick resolution of controversies. In Pennington County in 2025, there were 2,328 small claims (SMC) cases filed – this means an average of 9-10 cases filed on each working day. 

User Friendly

My conversation with Amber Watkins, Pennington County Clerk of Courts, indicates that the process is indeed user-friendly. According to Ms. Watkins, “Individuals wishing to file a small claims case should come to the second floor of the courthouse and file their paperwork at Windows 6 or 7. The required forms are available online for those who prefer to complete and print them in advance. We also have small claims packets available at the courthouse for anyone who would like to complete the forms in person.”

Additional information is readily available by accessing South Dakota’s United Judicial System’s web site at https://ujs.sd.gov/self-help/civil-law-help/small-claims/ . There are brochures available which provide guidance for both Plaintiffs (those suing) and Defendants (those being sued). I have preserved a current version of this brochure on my computer and would be happy to e-mail it to a reader upon request sent to the e-mail address listed below.

Note: In regard to the preparation of this week’s column, the author would like to thank Amber Watkins, Pennington County Clerk of Courts, Attorney Sarah Baron Houy, and Claudia Baron for their assistance and input. 

Anyone desiring to communicate with the Author, may do so by sending an e-mail to the author at rogermbaron@gmail.com .

Authorities: SDCL 15-39; SDCL 15-39-45.1, SDCL 15-39-66; , SDCL 15-39-56 & 57; , SDCL 15-39-45; SDCL 15-39-54.