{"id":172,"date":"2018-12-29T16:17:16","date_gmt":"2018-12-29T16:17:16","guid":{"rendered":"http:\/\/108.167.176.196\/~sheriff\/?page_id=172"},"modified":"2024-07-18T15:03:37","modified_gmt":"2024-07-18T15:03:37","slug":"civil-process","status":"publish","type":"page","link":"http:\/\/codington.sdcounty.gov\/sheriff\/civil-process\/","title":{"rendered":"Civil Process"},"content":{"rendered":"\t\t
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We only accept Civil Papers via Standard Mail<\/h3><\/div><\/div><\/div><\/div><\/div><\/div>

General Information<\/h1>

FEES<\/p>

All civil process fees are set periodically by State statute.\u00a0 See SDCL 7-12-18 for complete details.<\/p>

Mileage is set periodically by the State legislature.\u00a0 As of 7\/1\/16, we charge 59 cents per mile.<\/p>

Some common fees, as of 7\/1\/16:<\/p>

General Paper Service:\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $50.00 plus mileage<\/p>

Subpoena Service:\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $20.00 plus mileage<\/p>

CIVIL PROCESS\/PAPER SERVICE<\/h3>

General Paper Service and the Sheriff\u2019s Office:\u00a0 \u00a0The Sheriff\u2019s Office serves civil summons, complaints, and all other similar process upon individuals within his jurisdiction.\u00a0 Paperwork for service is accepted by mail or hand-delivery.\u00a0 Please include the most recent address and any other information known to you that might be helpful in locating the person to be served, such as when they are home, cell phone numbers, employer, the vehicle they drive and the like.\u00a0 If possible, please try to have a middle name or date of birth as well, as there may be more than one person in our area with a similar name, especially if the defendant has a common name. Also include your name and address, so we can send you a return of service.<\/p>

A deputy will attempt to personally serve the paperwork by delivering it to the person to be served or a member of his family, if appropriate.\u00a0 A return will be signed by the deputy and sent to the plaintiff or his or her attorney, along with a bill for the service.<\/p>

If the deputy finds the person to be served has moved from the last known address, the deputy will attempt to determine a forwarding address for the defendant.\u00a0 If he is unable to locate the person to be served, he will return the paperwork with an affidavit of non-service.<\/p>

LANDLORD\/TENANT<\/h3>

Eviction Procedure and the Sheriff\u2019s Office:\u00a0 The landlord may follow a statutory procedure to evict a tenant pursuant to 21-16, et seq.<\/p>

Notice to Quit:<\/strong>\u00a0\u00a0<\/em>The Sheriff\u2019s Office will serve Notice to Quit served upon a tenant.\u00a0 The Sheriff\u2019s Office does not have a form to fill out.\u00a0 It is recommended the landlord contact his or her attorney to have a proper Notice drafted that will satisfy statutory requirements.\u00a0\u00a0 The Sheriff will not determine the legality or correctness of the Notice.<\/p>

Delivery to the Sheriff:<\/em><\/strong>\u00a0 Once the Sheriff has received the Notice for service, it will be processed, and if possible, a deputy will attempt service the same day it is received.<\/p>

Attempted Service:<\/em><\/strong>\u00a0 The deputy will attempt to locate the tenant at the rental address.\u00a0 If the tenant is found there, the deputy will serve the notice; if not, he will retain the notice for a minimum of six hours and then attempt service again. \u00a0Should the tenant be found on the second effort, the deputy serves the Notice.\u00a0 If the tenant is not found, the deputy \u201cposts\u201d the Notice by affixing it in a conspicuous place on the property (normally the front door), and then also sends a copy by first class mail to the tenant at the place where the property is situated.\u00a0 Either method is considered personal service of the notice.\u00a0\u00a0See\u00a0<\/em>SDCL 21-16-2.<\/p>

Counting the \u201cthree days:\u201d<\/em>\u00a0<\/strong>\u00a0 A frequent mistake made by landlords is computing when the three days provided for in the Notice actually begins.\u00a0 It\u00a0does not<\/em>\u00a0begin when you draft the Notice, nor does it begin the minute you deliver it to the Sheriff for service.\u00a0 It does begin the next business day after service is accomplished by the deputy.\u00a0 It\u00a0does not<\/em>\u00a0run on any weekends, holidays, or any day the Codington County Clerk of Courts is closed for business.\u00a0 For example, if the deputy serves it on a Friday, and any holiday occurs on the following Monday, the three days won\u2019t start until the following Tuesday.<\/p>

Suit for Eviction:<\/em>\u00a0<\/strong>\u00a0If the tenant does not move out at the expiration of the three days, the landlord must go to the next step of suing them for eviction, known as an action for \u201cforcible entry and detainer.\u201d\u00a0 The Sheriff\u2019s Office has no forms to fill out here, either.\u00a0 At this point, retaining an attorney is prudent, if you have not already done so, as the summons and complaint documents to be drafted are beyond most lay people.\u00a0 Once these documents are drafted, they are delivered to the Sheriff\u2019s Office where they are \u00a0processed and assigned to a deputy for service.\u00a0 These documents cannot be \u201cposted,\u201d so the deputy will have to track down the individual to personally serve them.<\/p>

Hearing:<\/em><\/strong>\u00a0 Once served, the tenant has a specified time to answer the complaint.\u00a0 Soon thereafter, a hearing is held before a Judge.\u00a0 Should the Judge order the tenant evicted by the Sheriff, an Order specifying such will be signed by the Judge.<\/p>

Eviction:<\/strong>\u00a0\u00a0<\/em>Once the Sheriff has the Order of Eviction in his hand, the Sheriff will take appropriate steps to track down the tenant and cause him to remove himself according to the Order of the Court within a reasonable period of time.<\/p>

COLLECTIONS\/EXECUTIONS<\/h3>

Executions Procedure and the Sheriff\u2019s Office<\/p>

General:<\/em><\/strong>\u00a0 You have the right to use the judicial process to attempt to collect money that is owed to you. \u00a0Generally, those steps are as follows:<\/p>

Lawsuit:<\/em><\/strong>\u00a0 To utilize the Small Claims Court, contact the Codington County Clerk of Courts for further information at (605) 882-5095.\u00a0 Lawsuits above a certain dollar amount will have to go through Circuit Court.<\/p>

Judgment:<\/strong>\u00a0\u00a0<\/em>\u00a0A hearing is held before a Judge, who will consider the evidence presented by both parties and render an appropriate Judgment.\u00a0 That Judgment will be docketed against the defendant\u2019s name by the Clerk of Courts.<\/p>

Execution:<\/em><\/strong>\u00a0 To have the Sheriff attempt to collect the money ordered in the Judgment, the creditor or their attorney can have the Clerk of Courts issue an \u201cExecution.\u201d\u00a0 This constitutes the Sheriff\u2019s authority by law to attempt to collect from the debtor and to seize and sell property of the debtor in an attempt to satisfy the judgment.\u00a0 The Clerk will charge a fee for issuing the Execution on behalf of creditor.\u00a0 The Sheriff\u2019s Office will determine if there is anything of the debtor\u2019s that can be levied upon and sold.\u00a0 Anything levied upon by the Sheriff must be advertised in the paper and sold by him at public auction to the highest bidder.\u00a0 The creditor can bid at the auction if they so desire.\u00a0 Statutory fees will be withheld and a check will be issued to the creditor or his attorney.\u00a0 \u00a0\u00a0If there is a deficit, the creditor can attempt further executions in the future.\u00a0 The creditor is responsible for the costs of the action if the property does not sell or does not sell for an amount sufficient to cover the expenses of the levy and sale.\u00a0\u00a0 If the Sheriff is unable to find anything of the debtor\u2019s worthy of levy and sale, he will return the execution \u201cunsatisfied\u201d to the creditor, who must then pay to the Sheriff the statutory fees and costs.\u00a0 Note the creditor may keep track of his expenses and report them to the Clerk of Courts to add to the docket total of the Judgment.\u00a0 The creditor is responsible to file satisfactions or partial satisfactions of judgment with the Clerk of Courts when money is received by him.<\/p>

Garnishment:<\/em><\/strong>\u00a0 Another method of collecting money for the plaintiff is to attempt to garnish the wages of the debtor, if their employer is known.\u00a0 Garnishment is covered under SDCL 21-18 et seq.\u00a0 It is the policy of the Codington County Sheriff\u2019s Office that any money of a debtor\u2019s that is held in the hands of a third party must be garnished, so we will not levy it for you.\u00a0 This would specifically include wages and bank accounts.\u00a0 The Sheriff\u2019s Office has no forms for you to fill out.\u00a0 It is suggested you retain an attorney to draft the documents necessary for this effort.\u00a0 The Sheriff\u2019s participation here is limited to simply serving the paperwork on the debtor.<\/p>

PROTECTION ORDERS<\/h3>

Protection Order actions are started at the Codington County Clerk of Courts Office.\u00a0 The Sheriff or Deputy will serve the paperwork if the person can be located in Codington County.\u00a0 There is no charge for this service.<\/p><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

We only accept Civil Papers via Standard Mail General Information FEES All civil process fees are set periodically by State statute.\u00a0 See SDCL 7-12-18 for complete details. Mileage is set periodically by the State legislature.\u00a0 As of 7\/1\/16, we charge 59 cents per mile. Some common fees, as of 7\/1\/16: General Paper Service:\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $50.00 plus mileage Subpoena Service:\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 $20.00 plus mileage CIVIL PROCESS\/PAPER SERVICE General Paper Service and the Sheriff\u2019s Office:\u00a0 \u00a0The Sheriff\u2019s Office serves civil summons, complaints, and all other similar process upon individuals within his jurisdiction.\u00a0 Paperwork for service is accepted by mail or hand-delivery.\u00a0 Please include the most recent address and any other information known to you that might be helpful in locating the person to be served, such as when they are home, cell phone numbers, employer, the vehicle they drive and the like.\u00a0 If possible, please try to have a middle name or date of birth as well, as there may be more than one person in our area with a similar name, especially if the defendant has a common name. Also include your name and address, so we can send you a return of service. A deputy will attempt to personally serve the paperwork by delivering it to the person to be served or a member of his family, if appropriate.\u00a0 A return will be signed by the deputy and sent to the plaintiff or his or her attorney, along with a bill for the service. If the deputy finds the person to be served has moved from the last known address, the deputy will attempt to determine a forwarding address for the defendant.\u00a0 If he is unable to locate the person to be served, he will return the paperwork with an affidavit of non-service. LANDLORD\/TENANT Eviction Procedure and the Sheriff\u2019s Office:\u00a0 The landlord may follow a statutory procedure to evict a tenant pursuant to 21-16, et seq. Notice to Quit:\u00a0\u00a0The Sheriff\u2019s Office will serve Notice to Quit served upon a tenant.\u00a0 The Sheriff\u2019s Office does not have a form to fill out.\u00a0 It is recommended the landlord contact his or her attorney to have a proper Notice drafted that will satisfy statutory requirements.\u00a0\u00a0 The Sheriff will not determine the legality or correctness of the Notice. Delivery to the Sheriff:\u00a0 Once the Sheriff has received the Notice for service, it will be processed, and if possible, a deputy will attempt service the same day it is received. Attempted Service:\u00a0 The deputy will attempt to locate the tenant at the rental address.\u00a0 If the tenant is found there, the deputy will serve the notice; if not, he will retain the notice for a minimum of six hours and then attempt service again. \u00a0Should the tenant be found on the second effort, the deputy serves the Notice.\u00a0 If the tenant is not found, the deputy \u201cposts\u201d the Notice by affixing it in a conspicuous place on the property (normally the front door), and then also sends a copy by first class mail to the tenant Read More<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"class_list":["post-172","page","type-page","status-publish","hentry","list-style-post"],"_links":{"self":[{"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/pages\/172","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/comments?post=172"}],"version-history":[{"count":7,"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/pages\/172\/revisions"}],"predecessor-version":[{"id":1225,"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/pages\/172\/revisions\/1225"}],"wp:attachment":[{"href":"http:\/\/codington.sdcounty.gov\/sheriff\/wp-json\/wp\/v2\/media?parent=172"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}