Cost of an Eviction in South Dakota (2024): Average + by Fee

Last Updated: April 13, 2023 by Elizabeth Souza

The average cost of an eviction in South Dakota for all filing, court, and service fees is $220. Eviction cases can be filed [ttip number=’1′ icon=’popover-balance’] in Circuit Court or Magistrate Court and the filing fees are the same in both courts. [ttip number=’2′ icon=’popover-balance’]

Fee	Circuit/Magistrate
Initial Court Filing	$70
Summons Service	$50+
Execution for Possession Issuance	$5
Execution for Possession Service & Enforcement	$95

1. Initial Court Filing Fee

In South Dakota, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day. The filing fee for an initial Forcible Entry and Detainer is $70.

2. Summons Service Fee

Once a Complaint is filed in South Dakota, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.

The Summons service fee varies by process server. For example, a sheriff can charge $50, plus mileage, plus $10 for each additional tenant [ttip number=’3′ icon=’popover-balance’] for delivering a Summons.

3. Execution for Possession Issuance Fee

In South Dakota, if the court rules in favor of the landlord, the court shall issue an Execution for Possession. The Execution for Possession is the tenant’s final notice to vacate the premises. The landlord must pay the court clerk filing fee of $5 for the execution issuance.

4. Execution for Possession Service & Enforcement Fee

A South Dakota sheriff must serve the Execution for Possession to the tenant, and they shall charge a service fee of $95. [ttip number=’4′ icon=’popover-balance’]

NOTE

This fee includes the enforcement fee if a sheriff needs to return to the property to enforce the Execution for Possession.

Once the Execution for Possession is enforced, the sheriff shall return lawful possession of property to the landlord.

Sources

1 SD Codified L § 21-16-3 (2021): Any circuit court or magistrate court presided over by a magistrate judge has jurisdiction in any case of forcible entry and detainer, or of detainer only, of real property or an occupied structure within its county.
2 S.D. Codified Laws § 16-12A-31 (2021): Filing fees in magistrate court, unless otherwise provided by law, shall be the same as the fees chargeable by the clerk of courts for the filing of actions or proceedings in the circuit court, including the fees prescribed pursuant to § 14-6-1 where applicable.
3 SD Codified L § 7-12-18 (2021): (2)For serving summons, complaint…fifty dollars for all such process or instruments served at the same time upon the same person regardless of the capacities in which such person is served. However, for all such process or instruments served upon another such person at approximately the same time at the same place, ten dollars…(4)For traveling expenses in a motor vehicle, a mileage allowance of eight cents above the rate set for state employees by the State Board of Finance for each mile actually and necessarily traveled by motor vehicle. For traveling expenses in a private plane, a mileage allowance of ten cents above the rate set for state employees by the State Board of Finance for each mile actually and necessarily traveled by private plane. However, actual cost may be paid for travel by train, bus, plane, or other commercial vehicle;
4 SD Codified L § 7-12-18 (2021): (5)For serving writ of execution and return of the instrument, whether satisfied or unsatisfied, ninety-five dollars;