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Civil Information

The Hutchinson County Sheriff’s Office is responsible for serving civil documents and
executing court orders. Among the most common documents served and Summons and
Complaints, Protection Orders, Notices of Small Claims, and Three Days Notices to
Vacate. We also serve other legal documents received from the courts, attorneys, and
private citizens.

Eviction Process
  1. Notice to quit required before commencement of proceedings—service and return.
    1. In all cases arising under subdivisions 21-16-1(4), (5), and (6), three days’ written notice to quit must be given to the lessee, subtenant, or party in possession, before proceedings can be instituted, and may be served and returned in like manner as a summons is served and returned. On the second service attempt, at least six hours after the previous service attempt, the notice to quit may be posted in a clearly visible place on the property, and delivered to a person there residing, if such person can be found; and sent by first class mail addressed to the tenant at the place where the property is situated.

2. SDCL 21-16-6. Verified Complaint—Service with Summons—Procedure.
    1. The complaint shall be in writing and verified by the plaintiff or the plaintiff’s agent or signed by the plaintiff’s attorney and served with a summons. A sheriff, and person legally authorized to effect service under state statute 15-6-4(c), or constable of the county shall attempt to serve a lessee, subtenant, or party in possession with a minimal of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.
    2. In regard to the second service attempt, the summons may be posted in a clearly visible place on the property and delivered to a person there residing, if such person can be found, and sent by first class mail addressed to the tenant at the place where the property is situated.
3. After a judgement has been issued, then an Execution for Possession can be obtained.

a. The execution for possession is also known as a Lockout. The Lockout
order must specify that the Sheriff’s Office and a deputy sheriff will contact
the landlord to schedule a time to conduct the lockout. The landlord is
responsible for contacting a locksmith if they do not have keys to the
residence. We recommend the landlord change the locks to secure the
residence.

The eviction process is a legal process and we suggest you seek the assistance of an
attorney.

Laws pertaining to property left by tenant:
  • SDCL 43-32-25 —Small amount of tenant’s property left on premises presumed abandoned—Disposal by lessor
  • SDCL 43-32-26 —Storage of tenant’s valuable property left on premises—Lien—Disposal as abandoned after waiting period.
Prices for Services
Execution of Judgement
$95.00
Levy on Execution
$50.00
Protection Orders
$0.00
Quit and Vacate
$50.00 + mileage 
Summons
$50.00 + mileage 
Notice
$50.00 + mileage 
Complainant
$50.00 + mileage 
Petition
$50.00 + mileage
Affidavit
$50.00 + mileage 
Small Claims $50.00 + mileage 
Subpoena $50.00 + mileage
Price per mile for service $0.50/per mile
Flat fee for mileage on execution $12.00
Towing prices vary based on location