South Dakota judgment records are documents that contain the final pronouncement of a court or judge in a lawsuit involving more than one party. These files are usually accessible to the public in paper or electronic format. Hence, like other South Dakota court records, they are available to interested and eligible members of the public upon request. They contain information regarding the case, such as the personal information of the parties involved, the litigant’s names, and the date on which the final ruling was made.
What is a Judgment?
A judgment is a final decision considered by a judge or a court of law and pronounced by a court in a case involving two or more parties. After careful examination of the facts and evidence of an issue and the rights and obligations of each party, the final judgment is legally binding on all parties. However, if one party appeals to a higher court, the previous ruling can either be upheld or changed. Whether default judgment, consent judgment, or summary judgment, any decision delivered by a competent court, appointed by law within its jurisdiction and in the required form, is considered valid and legally enforceable.
South Dakota Judgment Laws
South Dakota judgment laws follow the South Dakota Codified Laws passed by the South Dakota state legislature. This state legislature comprises the South Dakota Senate and the South Dakota House of Representatives.
The South Dakota Court system comprises various courts which enforce the law. These are the small claims court, the drug court, the district court, the appellate court, and the Supreme Court. Each court has its unique structure and hierarchy.
- The small claims court, an informal court, is where an individual or a party can sue for losses of money or property up to a maximum of $12,000.00. However, the suing party should verify the maximum claimable amount from the court clerk, as it may sometimes vary.
- Drug Court: South Dakota Drug Courts are post-plea courts structured to assist people struggling with drugs and drug-related offenses. These drug courts are located in Aberdeen, Brookings, Huron, Mitchell, Pierre, Rapid City, Sioux Falls, Sturgis, Watertown, and Yankton.
- The circuit courts are trial courts of the Unified Judicial System. In the circuit courts, judges hear civil cases as well as criminal cases. The circuit courts also function as intermediary appellate courts. The United States District Court currently hears cases in Aberdeen, Pierre, Rapid City, and Sioux Falls for South Dakota district.
- The Supreme Court of South Dakota is the highest in the state. The chief justice and (four) associate justices of the Supreme Court attend to appeal cases from parties seeking to overturn lower courts' judgments within the state.
What is a Judgment Lien?
A judgment lien is a nonconsensual court injunction that permits a creditor to take possession of a debtor's house, land, or similar property if the debtor fails to fulfill their contractual obligations. Nonconsensual here implies that the judgment is admissible without the owner's consent or approval.
According to South Dakota law Lien of docketed judgment on real property within county-Duration of lien, a judgment lien applies only to real estate properties except for homestead, and can be used on any property possessed by the debtor within the same country. Once posted, a judgment lien will last for ten years. As a matter of note, South Dakota adheres to the Uniform Enforcement of Foreign Judgments Acts.
What is a South Dakota Summary Judgment?
A South Dakota summary judgment is a judgment or final decree issued by a state court for one party (movant) against another party (defendant ), barring a full trial. Per Rule 56, a summary judgment should be rendered if the evidence and affidavits, if any, show beyond reasonable doubt and with total convictions that the movant is legally entitled to a judgment.
In South Dakota, the complainant ought to serve their affidavits within a minimum of twenty-eight calendar days before the specified time for the hearing; response or reply to it, and a reply should be served a minimum of fourteen calendar days before the hearing, and a reply brief is to be delivered by the movant a minimum of seven calendar days before the hearing. These time limits include Saturdays, Sundays, and legal holidays. Before a court can pass a summary judgment, the case must meet these criteria.
Sometimes, a claimant may be unable to obtain summary judgment in some cases (an example is residential possession proceedings). Even so, a defendant can theoretically obtain summary judgment against a claimant in any proceedings.
What is A Summary Judgment Motion in South Dakota?
Summary judgment motion in South Dakota is granted by a presiding judge when the facts are clear to see, and the opposing party would likely lose due to a lack of evidence. A summary judgment is issued if the case can be decided without a full trial. The procedure is thus:
i- The movant or applicant will submit a motion to the court. This motion will contain an informative and concise statement of the material facts on which the moving party argues there is no genuine need for trial.
ii- A party opposing a motion for summary judgment will submit a separate, detailed but short statement of the case facts upon which the opposing party contends that there exists a genuine issue for trial. In this statement, the opposing party will issue a counter-response to each point raised in the movant party's statement with a separately numbered response and appropriate citations to the record.
iii- All the material facts delivered in the statement issued by the moving party shall be admitted except for those controverted by the statement required to be served by the opposing (defendant) party.
If there are supporting material facts that entitle the moving party to a judgment after viewing the evidence and affidavits, then the law may be rendered.
South Dakota Judgment Record Search
Statewide, South Dakota has a record search program available. Criminal cases from 1989 till date, civil cases from 2003 till date, active money judgments from 2001 to present, and inactive money judgments from April 19, 2004, till date can be accessed via the South Dakota Unified Judicial System (except if sealed or confidential). However, fees payment is a must for anyone who wishes to search for cases involving civil money judgments
How Do I Look Up a Judgment In South Dakota?
Some records are accessible online via the South Dakota Unified Judicial System website. In contrast, for others, a written request is compulsory. For public records access, a person must submit a public record request sent via email, hand-delivered mail, or telephone to the record-holding department.
In South Dakota, the administrative appeals of the decision of the public record are managed by the Office of Hearing Examiners.
A public records request should include the details (name, contact information, email address, phone number, and mailing address) of the requester, title and full details of the document to be accessed. Another necessary information which the requester must provide is a specific period in which they would prefer to receive the materials and a preferred mode of receiving the documents (online or offline).
i- Prisoner information can be accessed online via the South Dakota Department of Corrections. To search an inmate, fill in the DOC #, last name, and first name of that person.
ii- To search for criminal and protection orders, a person can make an online search on the Public Action Records Search (PARS) for a fee. This fee is required to be paid even if your search did not bring up any results.
iii- To search for cases involving civil money judgments covering the period from April 19, 2004, to date, the South Dakota Unified Judicial System is used. This search costs a fee.
iv- To search for cases that involve civil and criminal records, a mail should be sent to South Dakota Court Records Email, and the application completed at a fee.
Once a request has been made, the agencies must grant, deny, or extend your request within ten days. In a case of rejection, South Dakota permits an appeal to be made to the Office of Hearing Examiner within 30 days after the records release decision. If this request also fails, you can file with the circuit court within the district which holds the records.
What happens if You Have A Judgment Against You In South Dakota?
After a judgment has been rendered in a South Dakota court, all parties involved ought to adhere to, and uphold that injunction and it is important to comply as soon as possible. The judgment debtor, i.e. the party who loses the case, must comply with the judgment including fee/fines, as failure to comply can affect one’s insurance, loans, renting a house, wages, and in some cases, a judgment lien which according to South Dakota laws will apply to any property owned by the debtor, (even if the property changes hands) for ten years.
Note that there exists a possibility for an appeal to be made to a higher court within a limited time.
How Do I Find Out If I Have Any Judgments Against Me In South Dakota?
By calling the court where a case was filed, giving the clerk the case number listed on the documents and asking if a judgment has been entered, a person can easily find out if there exists a judgment against them. Other ways that a court judgment against a person can be communicated are via letter in the mail, phone call from a collection agency, a bank notice, a judgment lien filed on their real property, a credit report notation or a garnishment notice from their workplace. Alternatively, one might check the search the online records for South Dakota
How Long Does A Judgment Stay On Your Record?
Generally, the duration of a judgment on a person’s record varies depending on the type of judgment. According to South Dakota laws, a judgment lien, for instance, can last up to ten years. The judgment period starts counting from the date of the judgment entry. After ten years have elapsed, the creditor may apply for renewal within a timeframe. Suppose the creditor fails to renew the judgment. In that case, it will not be enforceable any longer, and you will not have to pay any remaining amount of the debt.
How To Enforce A Judgment In South Dakota
Judgments are formal decisions of a court, legally binding on all parties. When however, the defendant does not adhere to the court’s verdict, the complainant might seek redress through a number of channels including:
- Small claims court.
- A writ of execution granted to the Sheriff's Office from the Clerk of Courts.
- Through garnishment
- Through lien on property
Furthermore, in South Dakota, a complainant may request that the driving license of a defendant be suspended until they pay. This option is applicable only if the judgment is related to a car accident.
What Happens if a Defendant Does Not Pay a Judgment in South Dakota?
If a defendant does not pay a judgment in South Dakota, the claimant may file a petition with the small claims court. If the defendant does not pay a judgment, some of the consequences could include auctioning off of their property, a lien to their property, garnishing, and in some cases, jail.
What Personal Property Can Be Seized in a Judgment in South Dakota?
According to the South Dakota legislature, a judgment lien can only be placed on real estate properties. This means that a judgment lien cannot be attached to personal property like art, automobiles, jewelry, antiques and other such properties.
South Dakota Judgment Interest Rate
Interest is financial compensation permissible by law. It is paid for the utilization, forbearance, or detaining of money or its equivalent (loan). They are charges not inclusive of third parties. As per South Dakota legislature, the maximum interest rate or cost is dependent on what is agreed on by the concerned parties in their written agreement.
As written in the South Dakota Codified Laws, the official state interest rates vary according to the different categories.
Following the codified laws and statutes of South Dakota on interest and usury, these are the official interest rates:
(1) Category A interest rate - four and a half percent per annum.
(2) Category B interest rate - ten percent per annum.
(3) Category C interest rate - twelve percent per annum.
(4) Category D interest rate - one percent monthly or per fraction thereof
(5) Category E interest rate - four percent annually.
(6) Category F interest rate - fifteen percent annually.
(7) Category G rate - five-sixth percent per month or fraction thereof.
What is a Default Judgment?
A default judgment is a drastic action which a court may resort to in the case of an unresponsive (usually the defendant) party in a court case. If the defendant refuses court summons and fails to take necessary action, the case is usually ruled in favor of the other party (usually the plaintiff). Until final judgment is entered, there is a possibility of revision of the default judgment at any time.
However, according to South Dakota codified law on rule of procedure in circuit courts,some cases where default judgment may not apply include cases of unaccompanied minors or incompetent persons, if the complaint has not been on file for a minimum of twenty days, or if the serving of summons was done by publication.
How to File a Motion To Set Aside Default Judgment in South Dakota
A default judgment can still be reconsidered and overturned if the right process is followed:
i- It must be filed within the first 30 days of the issuance of the default judgment.
ii- A good case must be prepared to explain the previous absence.
iii- A solid defense must also be ready, to prove to the court why the case must be carried on, and how you do not plan to waste their time.
iv- Contact the court clerk to schedule a new date for a Motion To Set Aside Default Judgment.
v- Complete the Motion form and return it to the clerk’s office, where a file-stamped copy will then be issued.
vi- Send a copy of the file-stamped Motion to the side that filed the initial judgment, or to their lawyer. Another copy should be kept as proof and brought to the hearing on the new date.
How To File A Motion To Vacate Judgment in South Dakota
In order to file a motion to vacate judgment in South Dakota, the motion should be made within a reasonable time, usually a maximum of one year after the judgment was ordered.
Step 1- Fill out a Notice of Motion to Vacate Judgment and Declaration.
Step 2- File the Motion with the small claims court clerk.
Step 3- Ask for a fee waiver if the filing fee is unaffordable.
Step 4- Retrieve the date for hearing from the court clerk.
South Dakota civil procedure codified laws allow a person to vacate judgment if certain conditions are met. These conditions include mistakes, newly uncovered evidence of fraud, void judgment, or if the judgment conditions have been met. A judgment may also be vacated if a prior judgment upon which the judgment was based has been reversed, vacated, or no longer remains equitable for the judgment to have such application.
How To Remove An Abstract Of Judgment In South Dakota
An Abstract of Judgment is a document issued by a court of law that may permit a creditor to place a lien on Real Estate Property owned by a debtor. The lien attaches to any Real Property presently owned and subsequently acquired by the debtor in the county when the Abstract is recorded.
To remove an Abstract of Judgment, the debtor must:
i- Get a discharge or release of the Abstract of Judgment to remove the lien from their property.
ii- Contact the judgment creditor shown on the abstract.
iii- Arrange to pay the debt in full or negotiate payments.
iv- Ask the creditor for a discharge if paying in full.
v- Get any payment plans in written form from the creditor before signing.
vi- Ask for a release if not paying in full.
vii- File the discharge or release in the recorder or clerk's office of the property's county. Ask for a certified copy.
viii- File for bankruptcy.
How Long Is a Judgment Good For In South Dakota?
South Dakota codified law on judgments allows a judgment to become a lien on real property for a period of 10 years. If the debt remains unsettled after the period of ten years has elapsed, the lien is liable to be renewed for another ten years. Alternatively, if the debt is settled, the judgment is as good as cleared.
South Dakota Judgment Statute of Limitations Law
“Statute of limitations” is the allowable time beyond which a lawsuit cannot be pursued anymore. South Dakota’s Statutes of Limitations vary from medical claims to fraud to malpractice, etc. depending on the case.
For civil actions like libel, slander, assault, battery, false imprisonment, etc., two years is the Statute of Limitation. Cases involving federal civil rights statutes may only be commenced within three years after the alleged constitutional deprivation has occurred. The comprehensive list can be viewed at South Dakota’s codified Laws on Limitations of Actions Generally.
