You've Been Served with an Eviction Notice (Summons & Complaint) - Now What?

You have 5 business days (excluding weekends and holidays) to respond once you’ve been served. Missing this deadline could lead to a default judgment, which means the court may automatically rule in your landlord’s favor.

Steps for Responding to an Eviction Notice (Summons & Complaint):

STEP 1: Case Filing Statement (UJS-232)

• Think of this as a "cover sheet" with basic information for you, your landlord, and your case

STEP 2: Answer for Eviction (UJS-119) 

• Completing the Form:

• Think of this as your legal voice. 

• This is where you respond to each of your landlord's claims. 

• Be honest, organized, and clear. 

• Attach evidence if you have it. 

• Need Help?

• Legal Forms Helpline: 1-855-784-0004

• or Email UJS staff: ujssrlhelp@ujs.state.sd.us.

STEP 1: Submit UJS-232 & UJS-119 In-Person or by Mail (in the appropriate County)

In Person...

• Bring the completed UJS-232 and UJS-119 to the County Clerk of Court

• Pay the $25 filing fee OR submit a Fee Waiver Packet (UJS-022, UJS-023, UJS-028). 

By Mail...

• Mail the forms (UJS-232, UJS-119) to the County Clerk of Court (send certified when possible)

• Include a check or money order for the $25 filing fee OR the completed Fee Waiver documents

• Keep a copy of ALL documents for your records

• Save all receipts 

• Call the Clerk of Court to confirm they received your documents. 

STEP 1: Serve the Landlord within 5 business days of being served

• Mail a copy of your Answer for Eviction (UJS-119) to the landlord

• Use the address they listed on the Summons & Complaint

• If the landlord is using an attorney, it can be mailed to the attorney 

STEP 1: Complete the Affidavit of Mailing (UJS-115)

• This is your proof that you mailed a copy of your Answer for Eviction (UJS-119) to your landlord (or their attorney)

• Fill in the questions on the Affidavit of Mailing (UJS-115)

• DO NOT SIGN

STEP 2: Sign the Affidavit IN FRONT OF a Clerk of Court or Notary. 

• Option 1: Sign & File In-Person 

Sign your completed Affidavit of Mailing in front of a Clerk of Court at the time of filing the form in-person 

• Option 2: Sign with a Notary & File by Mail

Sign your completed Affidavit of Mailing in front of a notary and mail the notarized form to the County Clerk of Court. 

Where this info comes from: Everything on this page is rooted in publicly available .gov resources, including the South Dakota Codified Laws and guidance from the South Dakota Consumer Protection Division, Office of the Attorney General. We do our best to keep things accurate, clear, and simple —because renters deserve to know their rights.

That said, we’ve got to include this little legal note:

This page is here to inform and empower—not to replace legal advice. We’ve worked hard to ensure the information is correct and up-to-date, but laws can change, and every situation is unique. For specific guidance, it’s always best to reach out to a qualified attorney or legal aid provider. Use of this website does not create an attorney-client relationship.