If you received a Summons and Complaint in South Dakota, you are likely stressed. The paperwork is confusing, and you might have heard rumors about filing fees.
Here is the reality: South Dakota is one of the few states that charges a fee to file an Answer, but the process is manageable if you know the rules. More importantly, South Dakota has a unique legal quirk called “Hip Pocket Service” that you must understand to avoid losing automatically.
Here is your step-by-step battle plan.
1. The “Hip Pocket” Trap: Is Your Case Even Real Yet?
South Dakota allows debt collectors to use “Hip Pocket Service.” This means a debt collector can serve you with legal papers before they actually file the case with the court.
- Scenario A (Filed): The Summons has a Case Number (e.g., Civ-25-123) stamped on it. This means the case is active in court.
- Scenario B (Unfiled/Hip Pocket): The Summons says “Case No. _____” (blank) or “Unfiled.”
- WARNING: Even if it’s not filed with the court yet, the 30-day clock is still ticking! You must still serve your Answer to the debt collector’s attorney, or they will file everything on Day 31 and get a Default Judgment immediately.
2. The Deadline: You Have 30 Days
According to South Dakota Codified Laws (SDCL), you typically have 30 days from the day you were handed the papers to serve your “Answer.”
- Do not count the day you were served. Start counting from the next day.
- Includes weekends: Yes, weekends count.
- Risk: If you miss this deadline, the Plaintiff can ask the clerk for a Default Judgment. This leads to wage garnishment or bank levies.
3. The Filing Fee: Yes, It Costs Money (But It’s Worth It)
Unlike some states where answering is free, South Dakota courts generally charge a fee to file your initial responsive pleading (the Answer).
- The Cost: The standard fee is typically $25.00 for filing an Answer in civil actions (though fees can vary slightly by county or case type).
- Why pay it? That $25 prevents the debt collector from taking thousands of dollars from your paycheck. It is the cheapest insurance policy you will ever buy.
- Can’t afford it? You can ask the court for a “Waiver of Filing Fees” (Form UJS-304), but you must prove financial hardship.
4. Step-by-Step: How to Fight Back
Step 1: Draft Your Answer
Do not write a letter explaining your life story. You need a formal legal document that addresses each paragraph of the Complaint. You must:
- Admit, Deny, or claim “Lack of Knowledge” for every allegation.
- Assert Affirmative Defenses: In South Dakota, you have powerful defenses, such as the Statute of Limitations (generally 6 years for contract debts in SD). If the debt is older than that, they cannot sue you.
The Easy Way: DebtAegis helps you generate a professional Answer that includes these crucial defenses automatically.
Step 2: Serve the Plaintiff’s Attorney
This is the most important step in South Dakota. You must mail a copy of your Answer to the attorney listed on the Summons.
- If the case is “Unfiled” (Hip Pocket), this is technically the only thing you can do until they file.
- Use Certified Mail so you have proof of delivery.
Step 3: File with the Clerk of Courts
If there is a Case Number (or once the collector files the case):
- Take your original Answer to the Clerk of Courts in the county listed on the Summons.
- Pay the filing fee (approx. $25).
- Get your copy stamped “Filed.”
5. Why Not Just Pay SoloSuit?
Competitors like SoloSuit charge a high premium to handle the mailing and check writing for you. DebtAegis gives you the power to do it yourself.
- We generate the professional legal documents for you instantly.
- You pay the $25 fee directly to your local court (so you know it’s done right).
- You save money by cutting out the middleman.
Don’t let a paperwork error cost you your savings. Generate your South Dakota Answer Now ->