South Dakota small claims
How to fill out South Dakota's Plaintiff's Statement of Small Claims
Official form: Plaintiff's Statement of Small Claims (packet, with Case Filing Statement) · Walkthrough written against 2025 statewide plaintiff packet (statement page rev. 04/2016; UJS-306 rev. 04/2024)
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Get the official form from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
South Dakota starts a small claims case with the "Plaintiff's Statement of Small Claims," filed in the magistrate/small claims division of the circuit court for the proper county. The Unified Judicial System publishes it inside a plaintiff packet that also contains a Case Filing Statement, the Affidavit of Defendant's Military Status (Form UJS-306) with its instructions, a Small Claims Notice of Dismissal, and a Satisfaction of Judgment form — the paperwork for the whole life of the case, not just the filing.
The Statement itself is a single page: the parties, a lined space to "Describe the basis for your claim," and a money table that separates principal, interest, and filing fees — with the form itself pointing to the UJS's online Small Claims Fee Calculator for the fee amount. South Dakota's small claims limit is $12,000.
One built-in reality check: the form's service checkboxes and footnote make service costs and follow-through the plaintiff's job — "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, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The Statement of Small Claims — caption and claim
County / Judicial Circuit / Plaintiff and Defendant names or business names
The caption: which county's magistrate court, the judicial circuit, and both parties' names (or business names). The SMC case number is the clerk's to assign.
"Describe the basis for your claim"
Lined space for the reason for the claim in your own words, with the form's note to use an additional sheet if necessary.
The money table — Principal / Interest / Subtotal / Filing Fees / Plaintiff's Total
Five rows of arithmetic. The Principal line carries the form's own instruction to "exclude interest and filing fees" — interest gets its own line, and the Filing Fees line points to the UJS Small Claims Fee Calculator (ujs.sd.gov) for the correct amount, which scales with the claim. The subtotal and total compute from the rows above.
Service checkboxes
Two options quoted from the form: "Sheriff Service only – no certified mail" or "Sheriff/Personal Service requested if certified mail returned undelivered." The footnote explains that these options carry additional fees and that contacting the sheriff or process server about costs — and filing the Return of Service — is the plaintiff's responsibility.
/S/ Plaintiff's Signature and date
You sign and date the statement (the /S/ line accommodates electronic signature format). No notarization is required on the Statement itself.
The Case Filing Statement
Party identification — names, addresses, phones, and identifiers
A data sheet the form labels "Information Only; Not Retained in Case Records." It asks for each party's full name, physical and mailing addresses, and phone numbers, plus identifying numbers: the form states all filers must provide the Social Security number or driver's license number for each of their participants regardless of case type, and business entities provide an EIN instead. Attorney blocks exist for represented parties.
Affidavit of Defendant's Military Status (Form UJS-306)
The packet's instruction page explains when this matters: before a default judgment may be entered, the plaintiff must file an affidavit stating whether the defendant is in the military service, with facts supporting it.
Paragraphs 1–4 and the supporting-basis lines
Pre-printed statements you verify (that you are over 18, are the plaintiff, and made a personal investigation or reviewed records), then a paragraph 4 checkbox: the defendant is not in the military on active duty, is, or you have been unable to determine. Lines follow for the basis of your information — the instructions describe checking the Department of Defense Manpower Data Center (DMDC) online search and attaching the printed certificate, contacting each military branch, or personal knowledge.
Sworn signature
The affidavit is dated and signed in front of a notary or the clerk of court, who completes the sworn/affirmed block. The instructions say to file the original with the clerk and keep a copy.
The rest of the packet
Small Claims Notice of Dismissal / Satisfaction of Judgment
Forms for ending the case: the dismissal notice (with checkboxes for paid in full, compromise reached, or no service after 90 days, and with-prejudice/without-prejudice options) is filed if the defendant pays before the hearing date, and the Satisfaction of Judgment — acknowledged before the clerk — records that a judgment has been paid.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Folding interest or filing fees into the Principal line — the form says to exclude both; each has its own row in the table.
- ⚠Guessing at the filing fee — the amount scales with the claim, and the form itself points to the official UJS Small Claims Fee Calculator for the correct figure.
- ⚠Leaving the identifiers off the Case Filing Statement — the form requires an SSN or driver's license number for each of the filer's participants (EIN for business entities).
- ⚠Checking a service option without following through — the form makes contacting the sheriff or process server about fees, and filing the Return of Service, the plaintiff's responsibility.
- ⚠Filing in the wrong county or circuit — the caption's county controls where the case is heard.
- ⚠Seeking a default judgment without the military status affidavit — the packet's instructions say it is required before default can be entered, with supporting facts or a DMDC certificate attached.
What filing costs, and where it happens
South Dakota small claims filing fees scale with the amount claimed, and the official source is printed on the form itself: the UJS Small Claims Fee Calculator at ujs.sd.gov. Sheriff or personal service costs are additional and are quoted by the sheriff's office or process server. The clerk of courts for your county can confirm the total; verify before filing.
You file with the clerk of courts in the county with proper venue — small claims are heard in the magistrate/small claims division of the circuit court, and the claim limit is $12,000. After filing, the defendant is served by the method you checked on the Statement; if the defendant pays before the hearing, the packet's own Notice of Dismissal is the document that closes the case.
Published fees and court locations for your county are in our South Dakota small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Where do I get the South Dakota small claims packet?
From ujs.sd.gov — the official 2025 plaintiff packet is a free PDF (linked on this page) containing the Statement of Small Claims and the companion forms. Clerk of courts offices also provide it.
How much can I sue for in South Dakota small claims?
Up to $12,000. Larger claims use the circuit court's regular civil process.
What is the Case Filing Statement for?
It is an information sheet for the court's records system — the form itself says it is information only and not retained in the case records. It asks for party identifiers (SSN or driver's license number, or EIN for businesses) that the public case file doesn't show.
How is the defendant served?
The Statement offers two checkboxes: sheriff service only, or sheriff/personal service as the fallback if certified mail comes back undelivered. Either way, the form makes the fee arrangements and the filing of the Return of Service the plaintiff's responsibility.
What if the defendant pays before the hearing?
The packet includes a Small Claims Notice of Dismissal for exactly that — its own note says to file it with the court if the defendant pays the claim before the hearing date. It also covers compromises and cases where service couldn't be made within 90 days.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.