South Dakota Small Claims Court Dismissal: Form UJS-255 Explained
When a South Dakota small claims case is resolved before the hearing — whether through settlement, full payment, or the plaintiff's choice to drop it — someone needs to tell the court. That's what Form UJS-255 does.
What Form UJS-255 Is
UJS-255 (Small Claims Notice of Dismissal) is the official form that closes a small claims case on the court docket. It's executed by the plaintiff (or judgment creditor), confirming that the dispute is resolved and the case should be dismissed.
Without this filing, the case stays open on the court records even if both sides have settled and shaken hands. An open case can cause confusion if the plaintiff later tries to re-file or if the court schedules a hearing that nobody plans to attend.
When It Gets Filed
The most common scenario: you and the plaintiff reach a settlement — you agree to pay a certain amount, or you resolve the underlying dispute — and the plaintiff files UJS-255 to formally end the litigation.
Other situations where UJS-255 comes up: the plaintiff decides to drop the case voluntarily, the underlying issue is resolved outside of court (insurance pays the claim, the defective work is corrected), or both parties agree the claim was filed in error.
What Should Be in the Dismissal
The form should specify whether the dismissal covers everything — the original claim, any counterclaims, and court costs — or whether certain items survive. If you've reached a settlement that includes a payment plan, make sure the agreement addresses what happens if payments stop. A premature dismissal with outstanding payment obligations can create enforcement problems.
If court costs were assessed, confirm in writing whether each side bears their own costs or whether one party is covering them.
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The Connection to Settlement
If you're a defendant negotiating a settlement, don't assume the case automatically closes once you pay. Reaching an agreement and making a payment does not cancel court proceedings. The plaintiff must file Form UJS-255, and you should verify it was filed by checking with the clerk of courts.
Get a copy of the dismissal for your records. If you later pay a judgment in full, the plaintiff must file Form UJS-019 (Satisfaction of Judgment) to record that the judgment has been satisfied.
Asking About Mediation
If you want to explore mediation, ask the clerk of courts whether an option is available for your case. Do not assume a mediation service is offered in your circuit.
If mediation produces a settlement, the parties document the agreement and the plaintiff files UJS-255 to close the case. If mediation fails, the case proceeds to hearing as scheduled.
One caution: participating in mediation does not extend your response or hearing deadline unless the judge specifically enters a stay order. File your Form UJS-278 before the original deadline regardless of whether mediation is pending.
The South Dakota Small Claims Response Guide covers settlement agreements, Form UJS-255 filing, and post-settlement verification steps.
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