Default judgment in South Dakota: how to set it aside

How to undo a default judgment, how long you have, and what to do while you wait.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. File a motion asking the court to set aside the default judgment for good cause under SDCL 15-6-60(b).

Shortest time to ask
1 year (SDCL 15-6-60(b): outer limit for mistake, neglect, new evidence or fraud)
Time to answer
30 days

How a default happens 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.

Canceling 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.

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.

Interest and how long it lasts in South Dakota

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)

After a judgment in South Dakota

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 you are in the military

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)

What to do now in South Dakota

  1. Find the judgment

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Move fast

    In South Dakota: File a motion asking the court to set aside the default judgment for good cause under SDCL 15-6-60(b).

  3. Explain why and show a defense

    Courts usually ask for a good reason and a real defense.

  4. Watch for garnishment

    Read After a judgment in South Dakota.

  5. Talk to legal aid

    Legal aid can help for free: SD Law Help (apply for free legal aid) and East River Legal Services.

Free help in South Dakota

Questions about default judgments in South Dakota

What is the deadline to answer a debt suit in South Dakota?

30 days after the complaint is served on you.

What if I miss the deadline 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.

How long do I have to undo a default 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.

Related South Dakota pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources