How to Respond to a South Dakota Small Claims Court Summons When You Disagree With the Claim

If you've been served with a small claims summons in South Dakota and you believe the claim is wrong — the amount is inflated, the facts are inaccurate, or you don't owe the money at all — your response is a formal denial filed on Form UJS-278, followed by organized evidence at the hearing. South Dakota small claims gives you one chance to present your side. The magistrate's decision is final. Here's how to make that one chance count.

The Short Version

You disagree with the claim. Here's what happens next:

1. Calculate your deadline in court days (not calendar days) — at least 5 court days from service under SDCL § 15-39-54
2. File Form UJS-278 (Denial and Counter Claim) with the specific allegations you deny
3. Optionally add a counterclaim if the plaintiff owes you money (up to $12,000)
4. Organize your evidence — contracts, receipts, messages, photos — in three complete sets
5. Present your defense at the hearing

The worst thing you can do is ignore the summons. A default judgment means the court rules against you without hearing your side, and it can become a property lien or bank garnishment. There is no appeal in South Dakota small claims court.

Types of Disagreement and How to Respond

Not all denials look the same. Your response depends on what specifically you dispute:

"I don't owe this money at all"

The plaintiff's entire claim is wrong. Maybe they're suing the wrong person, the debt was already paid, the statute of limitations has run, or the underlying agreement never existed. You file a complete denial on Form UJS-278, checking the denial section and explaining in your own words why you don't owe anything.

Evidence you'll need: Proof of payment (bank statements, receipts, cancelled checks), proof that no agreement existed (absence of a signed contract, communications showing the deal fell through), or proof that identifies the correct party.

"I owe some of it, but not the full amount"

The plaintiff's claim is partially correct. You might agree you owe $800 for the work they completed but dispute the $2,200 they're claiming for work that was never finished, done incorrectly, or outside the original agreement. You file a partial denial on Form UJS-278 — admitting the amount you agree to and denying the rest with specifics.

Evidence you'll need: The original agreement or quote showing the agreed scope and price, documentation of incomplete or defective work (photos, inspection reports, written complaints sent to the plaintiff), and any payments already made.

"The plaintiff actually owes me money"

You don't just disagree — you have your own claim. The contractor left the job unfinished and you had to pay someone else to complete it. The tenant damaged the property beyond what the security deposit covers. The car you bought had undisclosed mechanical problems. You file a counterclaim on Form UJS-278, which turns you into both defendant and plaintiff at the same hearing. The counterclaim ceiling is $12,000, same as the original claim.

Evidence you'll need: Everything supporting your original defense, plus proof of the damages the plaintiff caused you — repair invoices, replacement costs, lost income documentation, photos of damage.

"The amount is inflated"

You might owe something, but the plaintiff's numbers don't add up. They're including late fees the contract doesn't authorize, claiming damages beyond what actually happened, or adding costs that are speculative rather than documented. You file a denial of the excess amount, admitting what you can verify and disputing the rest.

Evidence you'll need: The original contract or agreement showing what was actually owed, the plaintiff's own invoices (compare what they claimed to what they billed), and any communications where the original amount was stated differently.

Filing Your Denial: Form UJS-278 Step by Step

Form UJS-278 (Denial and Counter Claim) is the official response vehicle for South Dakota small claims defendants. Here's how to handle it:

1. Download from ujs.sd.gov or generate through the Guide and File interview tool (remember: Guide and File produces a printable PDF — it does not file anything with the court)
2. Fill in the case number, parties, and court exactly as they appear on the summons
3. In the denial section, be specific. "I deny owing $2,200 because the contractor abandoned the kitchen renovation after completing only the demolition phase, and the quoted price for the full project was $3,800" is far stronger than "I disagree with the claim."
4. If counterclaiming, state the dollar amount and factual basis in the counterclaim section. Attach any supporting documents.
5. Print single-sided in black ink — the court enforces this rule without exception
6. Sign the original
7. Make two copies — one for the plaintiff, one for yourself
8. Submit the original to the Clerk of Courts at the courthouse listed on your summons, by mail or in person; use electronic filing only if it is authorized for self-represented litigants

There is no separate answer fee for a basic denial. If you're adding a counterclaim, there's a separate fee based on the amount — check with the clerk.

Building Your Evidence Package

The magistrate decides based on what you bring. Formal pre-trial discovery is prohibited in South Dakota small claims. Bring the original documents and two physical copies to the hearing — one for the magistrate and one for the plaintiff.

The three-copy rule: Bring three complete, identical sets of every document — one for the magistrate, one for the plaintiff (they're entitled to see everything you present), and one for yourself to reference during testimony.

Organize chronologically. The magistrate is hearing this case for the first time. If your documents are in order — contract signed March 5, first payment April 1, disputed invoice May 15, complaint email May 22 — the story tells itself.

What gets excluded as hearsay: A letter from your neighbor saying "the contractor did bad work" is hearsay — the neighbor has to be there to testify in person. Your photographs, communications with the plaintiff, bank statements, and documents you were a party to can support your testimony, but the magistrate decides whether to admit each item.

What to bring even if you think you don't need it:

• The original contract, estimate, or written agreement
• Every payment receipt or bank statement showing transfers
• All text messages and emails with the plaintiff, printed and in chronological order
• Photographs with dates (check your phone's metadata)
• Any correspondence where the plaintiff acknowledged your position
• Witness contact information — and the witnesses themselves, if they can attend

At the Hearing

South Dakota small claims hearings are less formal than regular civil court, but there's a procedure:

1. The plaintiff presents their case first — their version of events and their evidence
2. The magistrate may ask the plaintiff questions
3. You present your defense — your version of events and your evidence
4. The magistrate may ask you questions and may ask you to respond to specific claims the plaintiff made
5. Both sides may get a chance for brief rebuttal

Speak to the magistrate, not to the plaintiff. Don't argue. Don't interrupt. When the plaintiff says something you disagree with, make a note and address it during your turn.

Be specific. "The invoice is wrong because it includes $400 for materials that were never delivered, and I have a text message from the plaintiff dated April 12 acknowledging they hadn't ordered the materials yet" is effective. "That's not what happened" is not.

Address every allegation. If the plaintiff claims you owe for five items and you dispute three, clearly identify the three you dispute and whether you admit the other two. Address each point, even if briefly.

After the Decision

The magistrate typically announces the decision at the hearing or within a few days. Under SDCL § 15-39-57, the decision is final — there is no standard appeal in South Dakota small claims court.

If you lose and owe money, the judgment states the amount awarded and allowable costs. Put any payment arrangement with the plaintiff in writing, and do not assume an informal agreement changes the judgment. If you win, the plaintiff's claim is dismissed. If your counterclaim succeeds, the plaintiff may owe you.

If a default judgment was entered because you didn't respond in time, you may move to vacate it in the issuing court under SDCL §§ 15-6-55(c) and 15-6-60(b) on a recognized ground, including mistake or excusable neglect, fraud, newly discovered evidence, or defective service. For mistake, excusable neglect, or fraud, file within a reasonable time and no later than one year after judgment; include an affidavit showing good cause and a meritorious defense.

Who This Is For

• Defendants who disagree with the amount claimed and want to dispute specific allegations
• Homeowners sued by contractors over work quality or completion disputes
• Tenants or landlords in security deposit disagreements
• Small business owners disputing a customer's claim about services or products
• Anyone who was served and wants to know how to formally contest the case

Who This Is NOT For

• Defendants who agree they owe the full amount (you may want to explore settlement or a payment plan instead)
• Cases involving debt collection companies — federal FDCPA protections apply and are outside this scope
• Anyone already past their response deadline who needs to set aside a default judgment (contact East River Legal Services at 1-800-952-3015 or Dakota Plains Legal Services immediately)

Frequently Asked Questions

Can I deny part of the claim and admit part of it?

Yes. Form UJS-278 allows you to deny specific allegations while admitting others. This is often the strongest position — admitting what you know is true shows the magistrate you're being reasonable, while your denial of the disputed amount focuses the hearing on the specific facts in question.

What if the plaintiff sues for more than I think is fair but I owe something?

File a partial denial. Admit the amount you believe is correct and deny the excess. Bring evidence showing what the actual agreed amount was — the original contract, the initial quote, communications where the price was discussed. The magistrate will decide the correct amount based on the evidence.

Can I counterclaim even if I think I owe some of what they're asking?

Yes. A counterclaim is independent of your denial. You might admit you owe $500 on the original claim while counterclaiming $1,200 for damages the plaintiff caused you. The magistrate evaluates each claim on its own evidence.

What if the plaintiff doesn't show up to the hearing?

If the plaintiff doesn't appear, attend the hearing and follow the magistrate's instructions. The court will decide how to handle the claim and any counterclaim; do not assume the case is dismissed or that a counterclaim is automatically granted.

Do I need to tell the plaintiff about my evidence before the hearing?

Formal pre-trial discovery is prohibited. Bring the original documents and two physical copies to the hearing — one for the magistrate and one for the opposing party. Check the clerk's notice for any court instructions about exhibits.

The Responding to a Small Claims Case in South Dakota guide walks through the complete denial and counterclaim process — with the Form UJS-278 field-by-field walkthrough, the court-day deadline calculator, an evidence organizer, and hearing preparation checklist.

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