South Dakota Small Claims Default Judgment: What Happens When the Defendant Doesn't Show

The defendant was properly served, the hearing date arrives, and they don't show up. That should mean you win automatically — but in South Dakota, a default judgment still requires you to do real work at the hearing.

Default Isn't Automatic

Under SDCL 15-39-64, the magistrate can enter a default judgment when a properly served defendant fails to answer or appear. The key word is "can." The judge still has discretion, and you still have to earn it.

Before the judge will sign a default judgment, you must:

1. Submit form UJS-306 (Statement of Military Status). This certifies whether the defendant is in military service, as required by the Servicemembers Civil Relief Act. If it appears the defendant is in military service, the court must appoint an attorney before entering a default judgment; that does not automatically end the case. Check the Department of Defense SCRA website before the hearing.

2. Present evidence. Sworn testimony establishing your right to the claimed amount: what happened, what's owed, and how you calculated the total. Bring your contract, invoices, receipts, demand letter, and the certified mail receipt. The magistrate needs enough to conclude your claim has merit — they won't sign a judgment based on nothing.

What the Judgment Includes

If granted, a default judgment typically awards:

• Your principal claim amount
• Filing fees and certified mail postage
• Process server fees (if you had to use personal service)
• Prejudgment interest from the date of loss at the contract rate, if provided by a lawful written contract; otherwise, if awarded, at the 10% Category B rate

The total can exceed $12,000 because interest and court costs are calculated separately from the jurisdictional limit.

Proof of Service Matters

The entire default judgment rests on proper service. If certified mail was signed for by the defendant or their agent, the court has the green return receipt card on file. If service was by sheriff or process server, the Affidavit of Service must be filed.

If there's any doubt about whether the defendant was actually notified, the magistrate can refuse to enter default and reschedule the hearing.

Can the Defendant Undo a Default Judgment?

South Dakota small claims judgments are final and non-appealable under SDCL 15-39-56. However, a defendant might seek relief through a motion to set aside the judgment if they can show they were never properly served, or in narrow circumstances under SDCL 15-6-60(b) (mistake, excusable neglect, or fraud).

This is rare in small claims. If service was completed correctly and documented, the default judgment is almost always the end of the matter on the court's side.

After the Default Judgment

A judgment is a piece of paper until the defendant pays. If they don't pay voluntarily, you have the same enforcement tools available to any judgment creditor: wage garnishment, bank garnishment under SDCL Chapter 21-18, sheriff's execution against non-exempt property, and a 10-year lien on real property in the county.

For the full hearing preparation process — including the evidence you need for a default judgment — see the South Dakota Small Claims Filing Guide.

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