South Dakota Small Claims Court Counterclaim: How to File One

When someone sues you in South Dakota small claims court, you're not limited to defending yourself. If the plaintiff owes you money — from the same dispute or an unrelated one — you can file a counterclaim right on the same form you use to respond.

How Counterclaims Work in South Dakota

A counterclaim is your own monetary claim against the plaintiff, filed as part of your response on Form UJS-278 (Denial/Counter Claim). You state the dollar amount the plaintiff owes you, explain the facts behind it, and the judge hears both sides at the same hearing.

Under SDCL 15-39-66, your counterclaim must be filed within the same deadline as your answer — the date printed on the clerk's notice. You cannot add a counterclaim after that window closes.

One important distinction: South Dakota's compulsory counterclaim rule does not apply in small claims. If you have a related claim against the plaintiff but choose not to raise it here, you can still sue them separately in a later action. There's no "use it or lose it" requirement.

The $12,000 Cap

Small claims jurisdiction covers claims up to $12,000 in principal. Your counterclaim is subject to the same ceiling. If what the plaintiff owes you exceeds $12,000, you have two options:

Waive the excess. Cap your counterclaim at $12,000 and stay in small claims court. You permanently give up the amount above the limit.

Petition for transfer. Move the entire case — the plaintiff's claim and your counterclaim — to the regular civil docket. This gives you full civil procedure, including discovery rights and a jury trial, but it costs $35 in removal fees plus a $250 security deposit and must be filed at least five days before the answer date.

Counterclaim Filing Fees

Filing a basic denial costs nothing, but adding a counterclaim incurs a fee based on the amount you're claiming. The fee schedule is set by the UJS and varies by tier. Check the current schedule at the clerk's office or on the UJS website.

If you cannot afford the fee, you can apply for a waiver using Form UJS-022 (Motion, Affidavit, and Order to Waive Filing Fee & Service of Process Fee). Submit it with income documentation; if the judge approves, the counterclaim fee is waived.

What Happens at the Hearing

The plaintiff presents their case first. When it's your turn, you present your defense against their claim and then present the evidence supporting your counterclaim. The judge decides both claims — sometimes awarding money to one side, sometimes netting the amounts against each other.

Filing a Counterclaim Gives the Plaintiff Transfer Rights Too

Under SDCL 15-39-66, once you file a counterclaim, the plaintiff gains the same right to petition for transfer to the regular civil docket. They must file at least five days before the hearing and meet the same requirements. This is worth knowing — a counterclaim changes the strategic landscape for both sides.

The South Dakota Small Claims Response Guide covers counterclaim strategy in detail, including how to calculate whether staying in small claims or transferring makes more sense for your situation.

See more South Dakota guides →