Sued in South Dakota? You have 30 days to answer

Circuit Court: 30 days.

Count my answer deadlineHow to answerI missed it / default

Checked against official sources: Oct 24, 2026. · Free letters and forms ↓

Count your answer deadline in South Dakota

Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.

The date is counted in your browser.

The court's name is at the top of your summons.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

South Dakota guides by topic

How to answer in South Dakota

Your deadline by court, the official form, fees and defenses.

Default judgment in South Dakota

What a default means and how to set it aside, with a calculator.

After a judgment in South Dakota

Wage garnishment, bank levies and how to claim an exemption.

Which court hears debt cases in South Dakota

Circuit Court

No dollar limit stated

South Dakota has one trial court for civil cases. Credit card, medical, personal loan and debt-buyer lawsuits are filed in the circuit court of the county.

Law: SDCL 15-6-12(a) (answer rule for civil actions)

Small Claims (Magistrate Court)

Cases up to $12,000

Small claims of $12,000 or less (not counting costs or attorney fees) are heard by a magistrate court, which shares this power with the circuit court.

Law: SDCL 15-39-45.1; SDCL 16-12B-12

How to answer in South Dakota

How to answer

Write an answer to the complaint and serve (deliver or mail) a copy on the plaintiff's lawyer. File the original with the clerk of courts, together with proof that you served it. In South Dakota a lawsuit starts when you are served, so the case may not yet be on file with the court when you get the papers. Self-represented people can e-file through the UJS e-filing system.

If you can't pay the fees

Motion, Affidavit, and Order to Waive Filing Fee and Service of Process Fee (UJS-022). If the judge does not sign the order, you have 30 days to pay the fee. https://ujs.sd.gov/media/wwievfu5/ujs-022-motion-affidaivt-order-to-waive-filing-and-or-service-fee.pdf

How you must be served

The summons and complaint must be delivered to you personally. If you cannot be found conveniently, a copy can be left at your home with someone over 14 who lives there. The lawsuit begins on the day you are served.

Law: SDCL 15-6-4(d)(8), 15-6-4(e); SDCL 15-2-30

Law: SDCL 15-6-12(a); SDCL 15-2-30; SDCL 15-6-5(d); UJS Fee Waivers page

Defenses to know in South Dakota

Defenses in South Dakota law

The time limit to sue on a contract or account is 6 years. A new promise to pay counts only if it is in writing and signed. South Dakota has no special pleading rules for debt-buyer lawsuits.

Law: SDCL 15-2-13(1); SDCL 15-2-29

Time limit to sue (written contract)
6 years · More on old debts at Debt Collector Map

If you missed the deadline in South Dakota

A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.

What happens

If you do not serve an answer in time, the plaintiff files an affidavit showing that you did not respond and asks the court for a default judgment. If you have appeared in the case, you must get written notice at least 3 days before the hearing. A default judgment can only be entered if the complaint has been on file for at least 20 days, unless the complaint was served with the summons.

How to set it aside (cancel it)

File a motion asking the court to set aside the default judgment for good cause under SDCL 15-6-60(b). The motion must be made within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. A void judgment (for example, one entered without proper service) can also be challenged.

Law: SDCL 15-6-55(a), (b), (c); SDCL 15-6-60(b)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Mediation and settlement in South Dakota

There is no special mediation program for debt cases. The court system says most civil disputes can be mediated if both sides agree, or if the court orders it. Mediators usually charge a fee, and each court district has court-approved mediators. (UJS Mediation page)

If there is a judgment in South Dakota

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

10% a year (the Category B rate) from the date of the judgment.

Law: SDCL 54-3-5.1; SDCL 54-3-16(2)

How long it lasts

The creditor can enforce the judgment by execution for up to 20 years after it is entered. The judgment is a lien on your real estate (except your homestead) for 10 years; before the 10 years run out, the creditor can renew it by affidavit, which continues the lien for another 10 years.

Law: SDCL 15-18-1; SDCL 15-16-7; SDCL 15-16-33, 15-16-35; SDCL 15-2-6(1)

Garnishment, bank levy and exemptions in South Dakota

Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.

Wage garnishment (taking part of your pay)

No more than the lesser of 20% of disposable earnings, or the amount above 40 times the federal or South Dakota minimum wage (whichever is higher) per week. The amount that can be taken under the 40-times-minimum-wage test is cut by $25 a week for each dependent family member living with you.

Law: SDCL 21-18-51

Bank levy (freezing and taking money in your bank account)

The creditor serves a garnishee summons and affidavit on your bank, which must answer within 30 days. The papers must also be served on you. The bank holds the money it reports for up to 180 days; to actually take it, the creditor must serve a levy, get your agreement, or get a court order. You can ask the court to release part of the money while the garnishment is pending. Garnishment is not allowed before judgment.

Law: SDCL 21-18-3.1, 21-18-6, 21-18-10, 21-18-23, 21-18-33

How to claim an exemption

If you get a notice of levy, you can claim exemptions within 5 days after the notice is served on you, or within 8 days after it is mailed by registered or certified mail. File your claim with the court and serve it on the creditor and the officer. The claim must be sworn and include a schedule of all your property with values, marking what you claim as exempt. Some property (absolute exemptions) stays protected even without a claim. If you never got a notice of levy, you can claim within 90 days after you learn of the levy.

Law: SDCL 21-18-3.1, 21-18-6, 21-18-10, 21-18-23, 21-18-33; SDCL 21-19-3, 21-19-5, 21-19-9, 21-19-10, 21-19-11, 21-19-15; SDCL 21-18-51

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: South Dakota

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Free help in South Dakota

Court self-help

Free letters and forms

Ask the plaintiff's lawyer for the debt documents

The contract, the chain of ownership and an itemization of what they claim.

Exemption claim cover letter

A letter to the court clerk to file with your exemption claim form.

Good to know in South Dakota

  • You have 30 days to answer, longer than in many states. (SDCL 15-6-12(a))
  • A lawsuit starts when you are served, so the papers may not be on file with the court yet. (SDCL 15-2-30; SDCL 15-6-5(d))
  • If a bank or other property is levied after a notice of levy, you have only 5 days (8 if the notice was mailed) to claim exemptions. (SDCL 21-19-9)

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
  • Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
  • Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
  • Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in South Dakota

How long do I have to answer a debt lawsuit in South Dakota?

30 days after the complaint is served on you.

How do I answer a debt lawsuit in South Dakota?

Write an answer to the complaint and serve (deliver or mail) a copy on the plaintiff's lawyer. File the original with the clerk of courts, together with proof that you served it. In South Dakota a lawsuit starts when you are served, so the case may not yet be on file with the court when you get the papers. Self-represented people can e-file through the UJS e-filing system.

What if I can't afford the court fees in South Dakota?

Motion, Affidavit, and Order to Waive Filing Fee and Service of Process Fee (UJS-022). If the judge does not sign the order, you have 30 days to pay the fee. https://ujs.sd.gov/media/wwievfu5/ujs-022-motion-affidaivt-order-to-waive-filing-and-or-service-fee.pdf

What happens if I don't answer in South Dakota?

If you do not serve an answer in time, the plaintiff files an affidavit showing that you did not respond and asks the court for a default judgment. If you have appeared in the case, you must get written notice at least 3 days before the hearing. A default judgment can only be entered if the complaint has been on file for at least 20 days, unless the complaint was served with the summons.

Can I cancel a default judgment in South Dakota?

File a motion asking the court to set aside the default judgment for good cause under SDCL 15-6-60(b). The motion must be made within a reasonable time, and no more than 1 year after the judgment if the reason is mistake, inadvertence, surprise or excusable neglect, newly discovered evidence, or fraud. A void judgment (for example, one entered without proper service) can also be challenged.

How much interest does a judgment add in South Dakota?

10% a year (the Category B rate) from the date of the judgment.

How long does a judgment last in South Dakota?

The creditor can enforce the judgment by execution for up to 20 years after it is entered. The judgment is a lien on your real estate (except your homestead) for 10 years; before the 10 years run out, the creditor can renew it by affidavit, which continues the lien for another 10 years.

Can my wages be garnished in South Dakota?

No more than the lesser of 20% of disposable earnings, or the amount above 40 times the federal or South Dakota minimum wage (whichever is higher) per week. The amount that can be taken under the 40-times-minimum-wage test is cut by $25 a week for each dependent family member living with you.

Can a creditor take money from my bank account in South Dakota?

The creditor serves a garnishee summons and affidavit on your bank, which must answer within 30 days. The papers must also be served on you. The bank holds the money it reports for up to 180 days; to actually take it, the creditor must serve a levy, get your agreement, or get a court order. You can ask the court to release part of the money while the garnishment is pending. Garnishment is not allowed before judgment.

How do I claim an exemption in South Dakota?

If you get a notice of levy, you can claim exemptions within 5 days after the notice is served on you, or within 8 days after it is mailed by registered or certified mail. File your claim with the court and serve it on the creditor and the officer. The claim must be sworn and include a schedule of all your property with values, marking what you claim as exempt. Some property (absolute exemptions) stays protected even without a claim. If you never got a notice of levy, you can claim within 90 days after you learn of the levy.

More help on our sister sites

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources

Other states

Count my deadline