South Dakota 2025 Regular Session

South Dakota House Bill HB1178 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.415.11 100th Legislative Session 1178
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4	4	2025 South Dakota Legislature
5	5	House Bill 1178
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12	12	Introduced by: Representative Walburg
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to revise a provision related to notice by registered or certified mail of a small 1
17	17	claims action. 2
18	18	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19	19	Section 1. That § 15-39-55 be AMENDED: 4
20	20	15-39-55. Notice shall be is valid although even if the notice is refused by the 5
21	21	defendant and, therefore, not delivered. 6
22	22	If notice by registered or certified mail is returned, the clerk must, at the expense 7
23	23	of the plaintiff, deliver the notice to the sheriff of the county in which the action is brought, 8
24	24	and the sheriff must attempt to serve the notice. If service cannot be satisfied by the 9
25	25	sheriff, the clerk must issue, at the request of the plaintiff and at the expense of the 10
26	26	plaintiff, any other or further notice as the court may order. 11
27	27	If the notice by all other methods is returned undelivered, without refusal by the 12
28	28	defendant, or if in any other way it appears that notice has not reached the defendant, 13
29	29	the clerk shall must issue, at the request of the plaintiff and at the expense of the plaintiff, 14
30	30	such any other or further notice as the court may order. 15
31	31	If the plaintiff elects not to pursue further notification of the defendant, or if the 16
32	32	further notification is unsuccessful after ninety days, the clerk may dismiss the action 17
33	33	without prejudice. 18