§ 15-39-78 — Forms for use in small claims procedure.

South Dakota § 15-39-78

• Jurisdiction: South Dakota
• Title 15: CIVIL PROCEDURE
• Ch. 15-38: SMALL CLAIMS PROCEDURE

Text

The following forms are prescribed for use in small claims procedure, but failure to use or fill out completely or accurately any of the same shall not avoid any acts done pursuant to this chapter provided compliance with the preceding sections is made and the information required by such sections or the following forms is substantially and accurately recorded and furnished in writing as required by this chapter. STATE OF SOUTH DAKOTA ) ) SS IN SMALL CLAIMS COURT COUNTY OF _____________ ) TO: ________________________________ Plaintiff TO: ________________________________ Defendant The Defendant has denied your claim in whole or in part. The Court will hold a hearing on this claim on ____, ____, 20____, at ____ M. in the hearing room/courtroom at __________, __________, South Dakota. If your claim is supported by witnesses, account books, receipts or other documents, you should produce them at the hearing. Subpoenas for witnesses, if requested in advance, will be issued by the Clerk. If you have any questions you should contact the Clerk of this Court. Dated this ____ day of ____, 20____. _____________________________________ Magistrate Clerk By: _____________________________________ Address _____________________________________ Phone STATE OF SOUTH DAKOTA ) ) SS IN SMALL CLAIMS COURT COUNTY OF _____________ ) _________________________, Plaintiff vs. _________________________, Defendant TO:__________________________________ ___________________________________ has made a claim against you in this Court for the following sum: $____________________ Amount of Claim Description of Claim: ___________________________________________________________ You will lose this lawsuit and a judgment by default will be entered against you for the full amount of the claim at ____ o'clock ____ M., ____, ____, 20____, UNLESS you personally appear at or notify this office at least ____ days prior to that time and deny the claim in whole or in part specifying your reason for denial. IF YOU DENY THIS CLAIM: ____ The matter will be heard at the time and place set forth above. ____ The Plaintiff will be notified of your denial and the matter will be set for hearing and the parties notified of the time and place. If you make such a denial, you must appear at the hearing and should bring with you such evidence, witnesses, account books, receipts or documents upon which you rely to support your denial. Subpoenas for witnesses, if requested by you in advance of hearing, will be issued by the Clerk. If you admit the claim but desire time to pay, you must appear on or before the above date personally or by attorney, and state to the Clerk that you desire time to pay and show your reasons therefor. If you have any questions, you should contact the Clerk of this Court. Dated this ____ day of ____, 20____. _____________________________________ Magistrate Clerk By: _____________________________________ Address _____________________________________ Phone STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT ) ss _______ JUDICIAL CIRCUIT COUNTY OF __________ ) SMALL CLAIMS COURT SC Docket No. _______ ________________________________ ) Plaintiff, ) AFFIDAVIT ) CLAIMING PAYMENT vs. ) OF SMALL CLAIMS ) JUDGMENT ________________________________ ) Defendant. State of South Dakota ) ) ss County of _________ ) __________, being first duly sworn on oath deposes and states that he/she is the defendant in the above entitled small claims case which resulted in a judgment against him/her in the sum of $ ____ entered on __________ and that he/she has paid the judgment and any applicable costs or interest awarded against him/her in full but that the plaintiff has failed or refused to satisfy the judgment of record despite request. Affiant further states he/she made payment on the following date: __________ in the following manner (please explain in detail the circumstances of payment and attach copies of any supporting documents): __________ Dated this ____ day of __________, ____. (Sign form and provide your ______________________________ current and complete mailing ______________________________ address and phone number) ______________________________ ______________________________ Subscribed and sworn to before me this ____ day of __________, ____. _______________________________________ Notary Public My Commission Expires: __________________ TO: ____________________, The Plaintiff in this action: Based upon the foregoing affidavit it appears that this judgment may have been paid in full but that you have failed or refused to satisfy it of record in violation of SDCL § 15-39-76.1 ; Now therefore, YOU ARE HEREBY ORDERED to satisfy this judgment of record with the clerk of this court or to appear before this court in the court room of the courthouse in the City of __________ at ____ o'clock __________ m. on the ____ day of __________, 20____ to show cause, if any you have, why the said judgment should not be ordered satisfied of record by this court. BY THE COURT _____________________________________ ATTEST ____________________ Judge Clerk of Courts Being first duly sworn on oath, I swear or affirm that on the ____ day of __________, 20____, I served a true and correct copy of the "Affidavit Claiming Payment of Small Claims Judgment" and "Order to Show Cause" in the above captioned matter, by United States mail, first class, postage prepaid, upon: ____________________ ____________________ ____________________ ____________________ _________________________________________ Signature Subscribed and sworn to before me this ____ day of __________, 20____. _________________________________________ Notary Public My commission expires: _____________________

Legislative History

Supreme Court Rule 81-4; SL 2005, ch 294 (Supreme Court Rule 05-08), effective Feb. 25, 2005.