George Simons | June 19, 2024
Edited by Hannah Locklear
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: If you've been sued for debt in South Dakota, you must respond to the summons within 30 days or run the risk of a default judgment. To respond, you must file a written Answer into your case, pay the $25 filing fee, and send a copy of your Answer to the plaintiff (person or company that's suing you). To make the best Answer possible, you should address each claim against you and list your affirmative defenses. SoloSuit can help you with all this and more.
In South Dakota, any debt, whether credit card, utilities, or car loan debt, can be sent to a collection agency for recovery if you default on your monthly payments. These agencies will frequently call and send you debt collection letters, asking you to pay the amount owed. Such extreme debt collection tactics can be stressful if you do not know how to respond to a debt collection summons.
In this guide, we explain all topics necessary to help you respond to a South Dakota summons. We cover deadlines, fees, forms, and South Dakota laws that will help you prepare for court and improve your chances of resolving the debt.
Sued for debt in South Dakota? SoloSuit can help you file an Answer into your case before the 30-day deadline.
Start my Answer.You have 30 days to respond to a summons for debt collection in South Dakota. The clock starts ticking the day after you are served.
This deadline is listed in S.D. Codified Laws § 15-6-4(b), which states:
"The party upon whom the request is served shall serve a written response within thirty days after the service of the request.
Failure to respond to the lawsuit before the 30-day deadline usually leads to a default judgment which can cause big financial problems like wage garnishment. To block a default judgment, you must file a written Answer into your case. But what should you include in your Answer? Keep reading to find out.
Some states offer a unified Answer form to help self-represented litigants respond, but South Dakota does not. SoloSuit's Answer form is a great option for South Dakota residents who have been sued for debt. This form is legally formatted, includes formal legal language to help consumers defend their rights, and includes a certificate of service to prove that the document was successfully served on the plaintiff.
Here's an example of an Answer form you can fill out with the help of Solosuit: Answer to Summons form sample
For more information about South Dakota court forms, click here.
You must pay a filing fee to file your Answer to a South Dakota Summons. The fee is $25, as outlined in South Dakota's civil fee schedule. If you can't afford to pay the filing fee, you can fill out a Motion to Waive Filing Fee form.
The filing fee for a Debt Collection summons in any South Dakota circuit court is $70. However, debt collectors collecting $12,000 or less can file a summons in a Small Claims Court. The filing fees in a Small Claims Court vary, depending on various factors.
The highest fee is $35 for cases seeking between $4000 and $12,000. You cannot appeal a small claim matter to either the South Dakota Supreme Court or Circuit Court; you, however, have a right to move a small claims action to a Circuit Court.
In most Circuit Court cases, a private process server or county sheriff serves debt collection complaints and summons. The service fee usually ranges between $30 and $50. Typically, the court will serve the Notice of Small Claims by mail.
After obtaining a judgment, the court clerk will include a sheriff's execution fee of $35 and a writ execution fee of $5. A Writ of Execution is a judicial order seeking the execution of a particular judgment. The sheriff will also charge a percentage of the total amount successfully levied and given to the creditor.
In South Dakota's garnishment proceedings, the law requires the debt collector to receive a sum of $15 to reimburse the expenses they incurred while preparing the garnishment disclosure form. The debt collector can include this amount in the debt that the creditor is trying to recover from you.
File a response to a debt collection lawsuit fast with SoloSuit.
It's best to respond to a summons as soon as you can. This is to prevent the court from ruling in favor of the plaintiff. Below are the steps you need to take when responding to a debt collection summons in South Dakota;
Below, we break down each of these steps in detail. The following also gives a summary of these steps. Check it out!
Answering the complaint can be stressful, but that should not be the case. You only need to read and understand the complaint then respond to the paragraphs with either of the following answers:
The next step involves giving the court reasons why it should pass a judgment in your favor by explaining why you do not owe the plaintiff any debt.
Some relevant affirmative defenses to include are:
It is essential to note that there is no bonding requirement or special licensing required to practice debt collection in South Dakota. You cannot, therefore, argue your defense on the collector's lack of license to collect a debt or the failure of the debt collector to allege licensure in the complaint as you would in other states.
Use the right affirmative defense to win your South Dakota case.
In South Dakota, if you do not have an attorney, you will need to file your answer in person or by mail. To do this, you need to mail a copy of your answer to the plaintiff's attorney and another to the court, and then pay the court's filing fee.
However, one of the easiest options to answer a debt collection summons in South Dakota is by using the services provided by SoloSuit. Given that debt collection laws are quite complicated, SoloSuit makes filing easy by doing it the right way.
If you don't have a good defense in your case because the debt is valid and you actually owe it, debt settlement might be your next best option.
Settling debt will allow you to move on with your life while paying less than you currently owe. To eliminate debt once and for all, settle debt in South Dakota with the following steps.
Have you been sued over your past debt? If so, you’ll need to file an Answer with the court to indicate that you intend to fight the lawsuit. Failing to file an Answer by the deadline can cause you to lose the case to a default judgment. In South Dakota, you generally have 30 days to respond.
SoloSuit makes the process easier thanks to our online tool. Just answer a few questions to draft your Answer, then file it with the local court. SoloSuit can even file it on your behalf before the deadline or have an attorney review your Answer before filing.
Start negotiating by offering to pay 60% of your total amount. Even if the debt collector or creditor rejects your offer, they may submit a counteroffer, and you can continue the process until you both agree on a settlement amount.
SoloSuit can help. By using SoloSettle, you’ll never have to interact directly with your debt collector. Instead, you’ll submit offers through the online platform, and SoloSettle can even handle the payment once you arrive at a solution.
Negotiate debt settlement on your own.
Always insist on a written settlement agreement. Without it, some debt collectors may seek a default judgment behind your back. The document should include your final settlement offer and any information on the repayment process. Never make a single payment until you have a settlement agreement in writing.
Check out the following videos for tips from an attorney on how to negotiate with creditors and debt collectors to settle your debt:
The Statute of Limitations is the timeframe within which a creditor and debt collector can pursue legal action against you to collect their debt. In South Dakota, there are different Statutes of Limitations on various debts. As a result, knowing the Statute of Limitations that applies to your debt can significantly impact your debt summons.
The following table outlines the South Dakota statute of limitations on debt for various types of debts:
Debt Type | Deadline |
---|---|
Credit card | 6 years |
Medical | 6 years |
Student loan | 6 years |
Auto loan | 6 years |
Personal loan | 6 years |
Mortgage | 15 years |
Judgment | 20 years |
Source: S.D. Codified Laws § 15-2-6, § 15-2-7, and §15-2-13 |
So, in South Dakota, the statute of limitations on most types of debt is six years, including debts connected to credit cards, medical, student loans, auto loans, and other personal loans. For any debt associated with a mortgage, the statute of limitations is 15 years in South Dakota.
Suppose the Statute of Limitations on your debt has already expired. In that case, the debt collector can still contact you to pursue their debt but cannot file a lawsuit against you because the timeframe for legal action has already passed.
However, it is essential to note that the expiry of the Statute of Limitations on your debt does not automatically cancel the debt; the collection accounts remain in your credit report for up to seven years from the date of your first defaulted payment.
If a debt collector keeps contacting you regarding a time-barred debt, you can request in writing that they stop contacting you.
Make the right defense the right way with SoloSuit.
The statute of limitations isn't the only consumer-protective law in South Dakota.
Even if you owe a legitimate debt, you’re not at the mercy of aggressive debt collectors. South Dakota debt collection laws protect you from certain debt collection practices.
South Dakota is among the few states that have fully adopted the federal regulations for debt collection as outlined by the Fair Debt Collection Practices Act (FDCPA) without any additions to their state law code. But this act does not dictate interest rates on consumer debts. South Dakota only allows a maximum of 15 percent on legal interest rates and 12 percent on judgment penalties.
The FDCPA regulates debt collection practices in South Dakota and all other states, with violations warranting penalties of up to $1000 and court fee payment. This means that there are laws that protect you as the consumer and govern the actions of debt collectors.
According to the FDCPA, a South Dakota debt collector cannot:
If a debt collector ever violates any of these terms, document the incident and report them. You can do this through the Federal Trade Commission (FTC)’s online platform or by calling 877-382-4357. Additionally, you can report violations to the Consumer Financial Protection Bureau (CFPB) on the CFPB website or by calling 855-411-2372.
South Dakota Codified Law §54-4-77 prohibits debt collectors from engaging in the following behaviors:
You can report violations to the state’s Office of the Attorney General. This office also offers a Consumer Protection Division handbook that further explains your federal rights and other legal requirements.
Per state law, collectors must send you a written validation notice of your debt within five days of initially contacting you. You can also use a Debt Validation Letter to insist that the collector provide you with information about your debt. This notice must include:
After receiving this letter, you have 30 days to dispute its contents. After this time, the collector can assume the information is accurate and resume collection efforts.
Debt collectors can only take legal action if your debt falls within the state statute of limitations on debt. After this period expires, your debt will remain, but debt collectors will be unable to sue you to recover it.
In South Dakota, the statute of limitations on debt is six years for credit card debt and most other types of debt (see table above for more information).
Remember: the statute of limitations starts from the date of your last payment — not the date of your original debt. That’s why debt collectors may pressure you to make a “good faith” payment in order to keep your account in good standing.
But if you make this payment, you’ll restart the clock on the statute of limitations, giving your debt collector a longer window in which to take legal action. Instead, make payments only after you negotiate a settlement.
Don't let debt collectors beat you with shady tactics. Stand up for your rights.
What happens if a creditor sues you and wins? South Dakota courts can grant your creditor certain rights over your finances, including the right to garnish your wages. This means that a portion of each paycheck will automatically go toward your debt.
Thankfully, wage garnishment requires a court order — and even then, South Dakota wage garnishment laws protect you from excessive garnishment.
Under South Dakota Codified Law §21-18-51, creditors can only garnish wages up to the lesser of the following amounts:
“Disposable earnings” refer to the amount of income you have after mandatory withholdings such as federal and state income taxes. However, voluntary withholdings (retirement or health insurance contributions) are not exempt, which means these amounts can count toward the portion of your paycheck that is garnished.
South Dakota's wage garnishment laws are generally more restrictive than federal laws. For instance, if the court declares that garnishment is the best way to enforce a certain ruling, the state of South Dakota allows garnishment of a maximum of 20 percent of your disposable income. In comparison, federal law allows garnishment of up to 25 percent of your non-exempt wages.
For garnishment summons, the debt collector will serve you a garnishment disclosure in the same manner you were served the debt collection summons and complaint. As the judgment debtor, the law entitles the debt collector to a 120-day lien on your income. A lien is a right given to the plaintiff by the court over your property or income until you clear your debt.
You will then hold the garnished income until the collector applies for and serves an order to release the funds. When that happens, you will be required to hand over all the held funds to the creditor. After serving you with another garnishment disclosure form, the debt collector can renew the lien on your wages for another 120 days.
The law gives you up to five days after being served in person or eight days if served by mail to claim exceptions. If you fail to claim any exceptions, the court will deem it a waiver of the said additional exceptions. If you fail to respond to a garnishment summons within 30 days, a collector may obtain a supplemental judgment against you.
Creditors can only garnish certain forms of income. Your wages cannot be garnished if you receive income from:
If you can prove that wage garnishment submits you to financial hardship, you can receive an exemption that will allow you to afford immediate needs such as rent, food, clothing, and medical expenses. Receiving this exemption is not guaranteed, however.
If wage garnishment is taking a major bite out of your paycheck, you can put a stop to it by filing bankruptcy. A Discharge Order will eliminate all dischargeable debts and institute an Automatic Stay, which halts all debt collection efforts.
However, a bankruptcy filing will remain on your credit report for up to 10 years — so it should be a last resort. And since not all forms of debt can be eliminated through bankruptcy, you will still be on the hook for student loans, alimony, child support, and past taxes.
One of the major reasons people lose their court cases is because they fail to respond.
If you do nothing, the court can render a default judgment, which can lead to wage garnishment. Instead, take action by filing an Answer with the court as soon as you can. This Answer prevents you from losing your case automatically and will also give you an opportunity to address your debt or even negotiate a lower settlement.
Protect your wages with SoloSuit.
If you’re in the middle of a debt collection lawsuit, you need to keep track of your case. Here’s how to check the status of your South Dakota court case.
In South Dakota, civil cases are heard in three levels of courts:
Most debt collection cases are held in the Magistrate Court in a local courthouse. You can find your local courthouse by searching South Dakota’s online directory.
Access your court records online using your case number, which should be listed on your court documents. If you can’t find your case number, contact the court clerk at your local courthouse.
You can use your case number to search the South Dakota eCourt online access portal. Follow the prompts to register for a free account. Once you register and sign in, you can enter your case number or use the case look-up option, which will find your case based on your full name, case type, and other relevant information.
You can also access court records at the courthouse that is handling your case. You’ll fill out a form provided to you by the court clerk, who will use that information to find the documents. Depending on your courthouse, you may be able to access your records on a public terminal or print documents for a modest fee.
Rather than work with expensive lenders for loans that will only worsen your debt problems, you can consider one or more of the strategies listed below to pay off your debt.
Consolidating your debt: Consolidating multiple debts into one loan that requires a single monthly payment can be a great strategy for meeting your debt obligations. However, it is imperative to go over the interest rates of this new loan with your lender, as debt consolidation can sometimes lead to higher interests and more extended repayment periods.
Debt Refinancing: Student loan, mortgage, and auto-loan refinancing are common methods to acquire better loan terms and lower interest rates on debts. Similar to consolidation, refinancing involves negotiating for a new loan to service an already existing debt.
In refinancing, however, payments are not necessarily consolidated into a singular monthly payment. If you have a good credit score, it should be easy to get approval for a new loan with better repayment terms.
Balance transfer card: You can use a balance transfer to pay off your debt faster and at a lower rate. Balance transfers involve transferring an existing debt to a new credit card with preferable terms.
Respond to debt collectors with SoloSuit and win in court.
If you are facing a dire debt situation, reaching out to legal aid organizations and debt relief programs within South Dakota is a great place to start.
You may contact these South Dakota legal aid organizations:
While avoiding debt is not always possible, as a South Dakota resident, you don't have to crush under the weight of unmanageable debt. If you follow the steps detailed in this article, you will navigate your debt collection summons successfully.
The most important thing is to take advantage of available resources to prevent the debt situation from getting worse.
The first step to take after receiving a debt collection letter or phone call from a debt collector is to validate the debt by confirming the collection agency's name, contact information and then sending a Debt Validation Letter.
In respond to your Debt Validation Letter, collectors must include details about the amount you owe, the name of the original creditor, and the necessary steps to take if you wish to dispute the debt.
Upon receiving validation of the debt, if you realize that you do not owe the debt collector, you should notify the debt collector in writing, asking them to stop contacting you. On the other hand, if you owe the debt collector, you can negotiate a suitable payment plan or a clear timeline to repay the debt with a one-off payment.
In the process, you should keep in mind the statute of limitations on various debts in South Dakota. If the debt you owe is approaching the expiration date of the Statute of Limitations, it is wise to contact a lawyer to discuss the best course of action.
Don't let collectors push you around. Protect your property with SoloSuit.
Ready to prepare and file your Answer? Find your local court below to get started with the process.
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
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