- Who sends it
- The buyer who received the sheriff's deed, or its attorney, files in circuit or magistrate court and has you served
- What it starts
- 5 days from service to appear and respond, then a trial that can be set on 2 days' notice
- Do this first
- Write down the service date and call legal aid the same day
What this document is in South Dakota
South Dakota's eviction case is called forcible entry and detainer. SDCL 21-16-1(5) allows it when a person stays in possession after a sale under a mortgage, after the time for redemption has run out, and after a deed has been signed and delivered. Circuit courts and magistrate courts hear these cases in their county (SDCL 21-16-3).
The case starts with a written, verified complaint served with a summons. The server must make at least two attempts, at least a week apart and within 30 days. On the second attempt the summons may be posted on the property, handed to someone living there, and mailed to the property address (SDCL 21-16-6). The buyer may also publish the summons once in a legal newspaper (SDCL 21-16-6.1).
What it does and does not mean
- It is not a lockout. If the buyer wins, the judgment is for delivery of possession, and it may include rents, damages and costs claimed in the complaint (SDCL 21-16-10).
- It should not come before the redemption period ends. The buyer cannot get possession until then (SDCL 21-47-13), and the case requires that a deed has been delivered (SDCL 21-16-1(5)). If you were served earlier, tell the court and a lawyer.
- It does not reopen the foreclosure. Once redemption has run out, the case is mostly about possession and timing.
- If you planted crops before the sheriff's deed issued, you are entitled to them and may enter to harvest them after the deed (SDCL 21-48-21).
The deadlines and how to count them
- Appearance: 5 days from the time you were served, or 30 days after publication, whichever comes first (SDCL 21-16-7).
- Counting: under the court's counting rule, the day of service does not count, and for periods under 11 days, Saturdays, Sundays and legal holidays are skipped (SDCL 15-6-6(a)). Because the deadline is so short, treat it as 5 calendar days and confirm the exact date with the clerk.
- Trial: once you respond, the case can be set for trial on 2 days' notice (SDCL 21-16-8).
- Delay: no adjournment can be longer than 14 days unless you post a bond for the rent that may accrue and costs (SDCL 21-16-7).
See after a foreclosure sale in South Dakota for the full picture.
What to do this week
- Write down the date and how you were served, and find the court and hearing details on the summons.
- Call East River Legal Services at 1-800-952-3015 or Dakota Plains Legal Services at 605-856-4444 and say you have a 5-day eviction deadline. You can also apply through SD Law Help, but it usually replies in 2 to 5 business days, so call too.
- The Unified Judicial System's eviction page has a tenant answer packet (UJS-119, Instructions and Form on Answer for Eviction) and a statement of mailing. It is written for tenants, so ask legal aid whether it fits a former owner.
- Gather your papers: the certificate of sale, any notice about the deed, and letters from the buyer.
- If you need time to move, ask the buyer in writing. Get any move-out date or payment to leave in writing.
- Ask the clerk of courts whether any foreclosure surplus is on deposit in your name.
The rest of the South Dakota process
See how foreclosure works in South Dakota, the timeline, ways to stop it and free help in South Dakota, or read the national guide to this letter.
Common questions
How long do I have to respond to a South Dakota eviction after foreclosure?
5 days from service, or 30 days after publication if that is sooner (SDCL 21-16-7). Under SDCL 15-6-6(a), weekends and legal holidays are skipped for periods under 11 days, but confirm your date with the clerk and act at once.
Can the buyer evict me during the South Dakota redemption period?
No. SDCL 21-47-13 bars delivering possession to the buyer before the redemption period ends, and an eviction after a mortgage sale requires that redemption has expired and a deed was delivered (SDCL 21-16-1(5)).
Does the buyer have to give me a notice to quit first in South Dakota?
The old 3-day notice section, SDCL 21-16-2, was repealed in 2024. We did not find another notice-to-quit rule for a former owner after a sheriff's deed, so the summons may be the first court paper you get. Ask legal aid whether any notice was required in your case.
Other South Dakota letters
- Twenty-day notice that the whole debt is due (One Hundred Eighty Day Redemption mortgage)If your mortgage is titled "MORTGAGE--ONE HUNDRED EIGHTY DAY REDEMPTION," it can let the lender call the whole debt due after a default on 20 days' notice by registered or certified mail. The notice may come with a notice of your right to cure. It is not a lawsuit and not a sale notice, but foreclosure can follow once the 20 days pass.
- Summons and Complaint (foreclosure by action)A summons and complaint means your lender has sued to foreclose in circuit court, called foreclosure by action. You have 30 days after you are served to serve a written answer. In this kind of case, paying the past-due principal and interest plus costs into court before judgment requires the case to be dismissed.
- Notice of Mortgage Foreclosure Sale (foreclosure by advertisement)In a foreclosure by advertisement, there is no lawsuit. The lender publishes a notice of sale for four weeks in a row and must serve you a written copy at least 21 days before the sheriff's sale. The notice must tell you that you can apply to have the foreclosure done in court instead, and you do not have to give a reason.
- Sheriff's Certificate of SaleAt a South Dakota foreclosure sale, the sheriff gives the buyer a certificate of sale and records it with the register of deeds. It is not a deed. You keep living in the home and can redeem for one year from the sale, or 180 days from recording for a 180-day redemption mortgage.
- Sheriff's notice of deposit of surplus with the clerk of courtsWhen a foreclosure sale by advertisement brings in more than the costs and the debt, the sheriff pays the extra to the clerk of the circuit court and must mail notice of the deposit to you and to junior lienholders. The court decides who gets it. You can ask for it yourself without paying a finder.
Sources
- SDCL 21-16-1 (grounds, including possession after a mortgage sale and deed)
- SDCL 21-16-6 (verified complaint, summons, service attempts)
- SDCL 21-16-7 (5 days to appear)
- SDCL 21-16-8 (trial on 2 days' notice)
- SDCL 21-16-10 (judgment for possession)
- SDCL 15-6-6(a) (computation of time)
- SDCL 21-48-21 (deed after redemption; crops)
- South Dakota Unified Judicial System: Evictions (forms)
- East River Legal Services
- Dakota Plains Legal Services