South Dakota Small Claims Court Filing Fee: 2026 Cost Breakdown
One of the first questions people ask before filing is how much it costs. South Dakota's filing fees are set by the Supreme Court and change occasionally — the current schedule took effect July 12, 2026.
Current Fee Schedule
Each filing fee is composed of four parts: a base filing fee, county law library fee, Court Automation Surcharge, and certified mail postage ($11.84 for one defendant).
| Claim Amount | Total Filing Fee |
|---|---|
| $0.01–$100 | $24.84 |
| $100.01–$1,000 | $30.84 |
| $1,000.01–$3,999.99 | $40.84 |
| $4,000–$12,000 | $42.84 |
Each additional defendant adds $11.84 for certified mail postage. If you're suing two people over the same dispute, add one surcharge.
Counterclaims also carry an $11.84 postage charge — the clerk needs to mail the counterclaim to the plaintiff by certified mail.
How to Pay
The Clerk of Courts accepts checks or money orders payable to "Clerk of Courts." Some county offices accept cash at the counter. Credit cards depend on the county — check with your local clerk before showing up. Online payment is not available for pro se small claims filings.
Can You Get the Filing Fee Waived?
Yes, if you qualify. Under SDCL 16-2-29.2, you can file an Affidavit of Inability to Pay (Financial Affidavit) asking the court to waive the filing fee, library fee, and automation surcharge. A judge reviews the application based on your income, assets, debts, and any public assistance you receive.
The waiver covers court-imposed fees only. It does not cover private process server fees or witness travel expenses if you need those later.
If the court finds the poverty claim is untrue or the case is frivolous, the action can be dismissed under SDCL 16-2-29.4.
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Can You Recover Filing Costs If You Win?
Yes. The prevailing party in a South Dakota small claims case is automatically awarded filing fees, certified mail postage, and process server costs as part of the judgment. The judge adds these to whatever amount you're awarded for your claim.
Attorney fees are a different story — they're generally not recoverable in small claims unless a contract or statute authorizes them.
Additional Costs to Plan For
Beyond the filing fee, you may encounter:
- Sheriff service (if certified mail fails): varies by county, typically $30–$60
- Private process server: varies, usually $50–$100
- Witness subpoena fees: $20 per day plus mileage under SDCL 19-5-1, paid at the time of subpoena service
None of these are required upfront. Most cases are served successfully by the clerk's certified mail, and most hearings don't involve subpoenaed witnesses.
For a detailed cost calculator and the complete filing process, see the South Dakota Small Claims Filing Guide.
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