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