Small Claims Complaint

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

South Dakota requires the use of official court forms provided by the Unified Judicial System (UJS) for small claims
complaints. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official forms
are available at ujs.sd.gov/self-help/pro-se-forms/small-claims-forms/.
Do not file this document directly with the court.

SMALL CLAIMS COMPLAINT

State of South Dakota – Magistrate Court, Small Claims Division

TABLE OF CONTENTS

1. Caption & Party Information
2. Jurisdiction and Venue
3. Statement of Claim
4. Damages Sought
5. Conditions Precedent
6. Prayer for Relief
7. Notice of Appeal Rights
8. Verification (Required)
9. Certificate of Service

1. CAPTION & PARTY INFORMATION

STATE OF SOUTH DAKOTA                )   IN THE MAGISTRATE COURT
                                      )   ___ JUDICIAL CIRCUIT
COUNTY OF [COUNTY]                    )   SMALL CLAIMS DIVISION
_____________________________________ )
                                      )
[PLAINTIFF LEGAL NAME],               )   Case No.: [___]
    Plaintiff,                        )
                                      )
v.                                    )   SMALL CLAIMS COMPLAINT
                                      )
[DEFENDANT LEGAL NAME],               )
    Defendant.                        )
_____________________________________ )

1.1  Plaintiff Information  
•  Name:  [PLAINTIFF LEGAL NAME]  
•  Address:  [STREET - CITY - STATE - ZIP]  
•  Phone / E-mail:  ☐

1.2  Defendant Information  
•  Name:  [DEFENDANT LEGAL NAME]  
•  Address:  [STREET - CITY - STATE - ZIP]  
•  Phone / E-mail (if known):  ☐

<!-- GUIDANCE:  List all plaintiffs/defendants exactly as they will appear on judgment and include trade/DBA references where applicable. -->

---

### 2. JURISDICTION AND VENUE  

2.1  This Court has subject-matter jurisdiction under South Dakota’s small-claims statute because the amount claimed, exclusive of interest, costs, and allowable statutory attorney fees, does not exceed $12,000.  S.D. Codified Laws § 16-12C-13 (2022).

2.2  Venue is proper in [COUNTY] County pursuant to S.D. Codified Laws ch. 16-12C because:  
(a) the Defendant resides, transacts business, or may be served in this county; or  
(b) the events giving rise to this claim occurred in this county.  
<!-- GUIDANCE:  Select (a) or (b) or state other statutory basis. -->

---

### 3. STATEMENT OF CLAIM  

3.1  Nature of Claim:  [e.g., “Breach of Written Contract dated 15 January 2024 regarding the sale of cattle feed.”]  

3.2  Factual Allegations (concise):  
a.  On or about [DATE], Plaintiff and Defendant entered into a contract whereby …  
b.  Plaintiff fully performed all contractual obligations by …  
c.  Defendant failed to [pay/perform] as required, specifically …  
d.  Despite written demand dated [DATE], Defendant has not cured the default.

3.3  Cause(s) of Action:  
•  Count I – Breach of Contract  
<!-- GUIDANCE:  Add additional counts—e.g., Goods Sold & Delivered, Property Damage, NSF Check—if applicable. -->

---

### 4. DAMAGES SOUGHT  

4.1  Principal Amount Claimed:  $[___]  

4.2  Pre-Judgment Interest (if contract or statute permits):  $[___] calculated at [___]% per annum from [DATE].  

4.3  Court Costs:  $[___] (to be updated at judgment)  

4.4  Statutory Attorney Fees (if recoverable):  $[___]  

4.5  Total Demand (exclusive of post-judgment interest):  $[TOTAL – must not exceed $12,000]  

<!-- GUIDANCE:  Double-check that TOTAL complies with S.D. Codified Laws § 16-12C-13. -->

---

### 5. CONDITIONS PRECEDENT  

5.1  All conditions precedent to Defendant’s duty to pay have been performed, have occurred, or have been waived.

5.2  Plaintiff has verified that Defendant is not an active-duty servicemember as defined in the Servicemembers Civil Relief Act, 50 U.S.C. § 3911(2), by:  
☐  DMDC search on [DATE]  ☐  Affidavit from Defendant  ☐  Other: [___]

---

### 6. PRAYER FOR RELIEF  

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:  

a.  Principal damages in the amount of $[___];  
b.  Pre-judgment interest of $[___] (if applicable);  
c.  Court costs and allowable statutory attorney fees;  
d.  Post-judgment interest at the statutory rate until paid in full; and  
e.  Such other and further relief as the Court deems just and equitable.  

---

### 7. NOTICE OF APPEAL RIGHTS  

Either party may appeal an adverse judgment to the circuit court within thirty (30) days after entry of judgment, in accordance with S.D. Codified Laws ch. 16-12C and the South Dakota Rules of Appellate Procedure.  

<!-- GUIDANCE:  South Dakota requires a Notice of Appeal and a $75 undertaking (bond) unless waived.  Advise client accordingly. -->

---

### 8. VERIFICATION  *(Required – must be signed in front of a notary)*  

I, [PLAINTIFF NAME], being first duly sworn, state under oath that I am the Plaintiff in the foregoing action; that I have read the above Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

```text
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
[PLAINTIFF SIGNATURE]
[Typed Name], Plaintiff

STATE OF SOUTH DAKOTA        )
  ) ss
COUNTY OF [COUNTY]           )

Subscribed and sworn before me on this \_\_\_ day of \_\_\_\_\_\_\_\_\_\_, 20___.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Notary Public for South Dakota
My Commission Expires: \_\_\_\_\_\_\_\_\_\_\_\_

9. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Small Claims Complaint, together with the Small Claims Summons and any required attachments, was served upon the Defendant by:

☐ Sheriff’s service
☐ Certified mail (return-receipt requested)
☐ Process server
on the ___ day of _, 20, addressed to:

[DEFENDANT NAME]
[DEFENDANT ADDRESS]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
[PLAINTIFF OR SERVER SIGNATURE]

END OF DOCUMENT

```