South Dakota Agreed Judgment
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FAQ
South Dakota interest rate laws generally defer to contract law. One exception is a 12 percent limit on judgments. Generally speaking, South Dakota's interest rate limit is 15 percent.
For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.
If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...
Execution of Judgment Once an execution is turned into the Sheriff's Office, the following procedures take place: The plaintiff fills out a questionnaire about the defendant including their known property and bank accounts. The plaintiff pays a $95 fee. The fees are added to defendant's costs.
§ 15-35-810. A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7.
(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.