Section 15-39-76.1 – Notice of payment of judgment.
15-39-76.1. Notice of payment of judgment. The lienholder shall notify the clerk upon full payment of the judgment, and the clerk shall satisfy the judgment at no charge to the parties involved. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the […]
Section 15-39-76.2 – Cancellation of judgment or transcript–Notice by prevailing party or attorney.
15-39-76.2. Cancellation of judgment or transcript–Notice by prevailing party or attorney. Any judgment or transcript of a judgment rendered or docketed in small claims court shall be cancelled and discharged by the clerk of courts upon written notice by either the party in whose favor the judgment was obtained or that party’s attorney. Source: SL […]
Section 15-39-77 – Guardian ad litem.
15-39-77. Guardian ad litem. When a minor is a party to a small claims action, a parent or guardian or conservator shall be considered a guardian ad litem for purpose of commencing said action or receiving service thereof. Source: Supreme Court Rule 81-4; SL 1993, ch 213, §92.
Section 15-39-78 – Forms for use in small claims procedure.
15-39-78. Forms for use in small claims procedure. 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 […]
Section 15-39-79 – Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.
15-39-79. Use of small claims procedure to collect unreimbursed medical or health care costs from other parent. Notwithstanding any other provision of law, a parent, guardian, or custodian is entitled to use the procedures provided in this chapter to collect unreimbursed medical or health care costs incurred on behalf of a child from the other […]
Section 15-39-73 – Items allowable as costs–Costs assessed for delay or vexatious claim or defense–Judgment and execution for costs.
15-39-73. Items allowable as costs–Costs assessed for delay or vexatious claim or defense–Judgment and execution for costs. The actual cash disbursements of the prevailing party for entry fee, mailing fees, witness fees, and officers’ fees shall be allowed as costs. No other costs shall be allowed either party, except by special order of the court. […]
Section 15-39-74 – Court order as to method of payment of judgment–Stay of execution during compliance.
15-39-74. Court order as to method of payment of judgment–Stay of execution during compliance. The court may order that the judgment shall be paid to the prevailing party at a certain date or by specified installments, and may stay the issue of execution and other supplementary process during compliance with such order. Such stay shall […]
Section 15-39-75 – Grounds for vacation of judgment and stay of execution–Repayment ordered.
15-39-75. Grounds for vacation of judgment and stay of execution–Repayment ordered. The court may at any time after entry of judgment, upon motion, and after such notice, by mail or otherwise, as it may order, for cause shown, vacate any judgment entered under this procedure, for want of actual notice to a party, for error […]
Section 15-39-76 – Costs awarded on motion to vacate judgment.
15-39-76. Costs awarded on motion to vacate judgment. Costs in an amount fixed by the court not exceeding two hundred fifty dollars may be awarded, in the discretion of the court, for or against either party to a motion to vacate judgment, and judgment may be entered and execution may be issued therefor, and any […]
Section 15-39-67 – Amendment of claim or answer.
15-39-67. Amendment of claim or answer. The court may at any time allow any claim or answer to be amended. Source: SDC 1939 & Supp 1960, §33.4113; SDCL, §15-39-30; Supreme Court Rule 81-4.