How to Set Aside a Default Judgment in South Dakota Small Claims Court

A default judgment in South Dakota small claims court means the plaintiff won without a hearing because the defendant didn't respond or show up. If that happened to you, there's no appeal available — but you may be able to get the judgment vacated.

Why There's No Appeal

South Dakota's small claims statute (SDCL 15-39-57) bars appeals entirely. Neither party — winner or loser — can take a small claims decision to a higher court. This applies to default judgments just as much as contested ones.

Your only path is a Motion to Set Aside Default Judgment, filed in the same court that entered it.

Grounds for Setting Aside a Default

Relief falls under SDCL 15-6-55(c) and SDCL 15-6-60(b). The court recognizes four categories:

Excusable neglect. You missed the deadline because of circumstances beyond your control — a medical emergency, a family crisis, or a postal delivery failure. The neglect must be genuinely excusable, not just forgetting or hoping the case would go away.

Defective service. You were never properly served with the lawsuit. Unclaimed certified mail doesn't count as completed service; if the plaintiff never followed up with personal service and the court entered default anyway, the judgment may be void for lack of jurisdiction.

Fraud or misrepresentation. The plaintiff obtained the default through fraudulent conduct — for example, lying about your military status on Form UJS-306 or misrepresenting the nature of the claim.

Newly discovered evidence. Material evidence surfaced after the default was entered that you couldn't have obtained in time to respond. This is the rarest ground.

Time Limits

The motion must be filed within a "reasonable time." For grounds based on mistake, excusable neglect, or fraud, the outer limit is one year from the date the judgment was entered. Waiting close to that line weakens your case — courts expect you to act promptly once you learn of the default.

What the Motion Needs

Your motion must be supported by an affidavit showing good cause and a meritorious defense to the underlying claim. To stop enforcement while the motion is pending, separately ask the court for a stay.

Filing the motion does not automatically stop collection. An ordinary judgment generally cannot be executed until 30 days after entry, but default judgments and special court orders are exceptions. You need a separate order staying enforcement while the motion is heard.

Preventing Default in the First Place

The simplest defense against default is filing Form UJS-278 by the date on the clerk's notice. Even if you're still gathering evidence or negotiating with the plaintiff, getting the denial on file preserves your right to be heard.

If you need more time, file a written motion for continuance before the deadline expires. Phone calls to the clerk, settlement discussions, or drafts sitting in Guide and File don't count — only a judge's signed order extends the deadline.

For defendants who have already been defaulted, free legal help is strongly recommended. East River Legal Services (1-800-952-3015) and Dakota Plains Legal Services (605-342-7171) assist qualifying low-income residents with civil matters, including motions to vacate.

The South Dakota Small Claims Response Guide covers both prevention (deadline worksheets, filing checklists) and the post-default process.

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