Civil Process

Civil Process Information
The Yankton County Sheriff's Office has the responsibility of serving and executing court issued documents. Among the most common documents served by the Sheriff's Office are Writs of Execution, Distress Warrants, Protection Orders, Summons & Complaints, and Subpoenas for criminal and civil cases. We also serve other legal documents as received from the Court, attorneys, and private citizens.

Execution of Judgment
Once an execution is brought to the Sheriff's Office, the following procedures take place: The plaintiff fills out a questionnaire about the defendant and their properties--include specific property and bank accounts. The plaintiff pays a fee of $95, which is added to the defendants costs. A file is created and assigned to the deputy in charge of collecting executions. Research is done on the defendants assets (vehicles, boats, motorcycles, personal property, bank accounts). The Sheriff's Office has sixty days to return the execution. The execution will be returned satisfied, partially satisfied, or unsatisfied. If the execution is satisfied or partially satisfied, a check will be issued usually after 15 days.

Abandoned Property by Tenant
43-32-25. Small amount of tenant's property left on premises presumed abandoned--Disposal by lessor. The property of a lessee, the total reasonable value of which does not exceed five hundred dollars, left on leased residential premises by the lessee for ten days after the lessee has quit the premises, is presumed to have been abandoned by the tenant and the lessor of the residential premises may dispose of the abandoned property. 43-32-26. Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned after waiting period. The property of a lessee, of a total reasonable value exceeding five hundred dollars, left on leased residential premises by the lessee after the lessee has quit the premises, shall be stored by the lessor. The lessor shall have a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more the lessor may treat the property as abandoned and dispose of it.

Eviction Process
SDCL 21-16-2 states that a Three Day Notice to Quit must be served on the defendant to start the eviction process. If they are not home, the Notice may be posted at the residence 6 hours later. If the defendant does not leave at the end of the three days, a Summons and Complaint is then served. An attorney is normally consulted for the Summons & Complaint and any further proceedings to have the person removed from the property. Once the proper civil papers are received from the court, the Sheriff's Office will remove the person from the property.

Civil Process Fees

Civil Process Fees
The cost of serving civil process is set by state statute SDCL 7-12-18. Mileage is added to each service at 40 cents per mile actually traveled.

Download "Civil Process Fees"

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