The Lincoln County Sheriff’s Office Civil Division is overseen by Sergeant Carlson and is staffed by one Sergeant, one Administrative Support Staff, and two Civil Deputies.
This division 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. This division also serves other legal documents received from the courts, attorneys, and private citizens.
- Notice to quit required before commencement of proceedings—service and return.
- 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.
- SDCL 21-16-6. Verified Complaint—Service with Summons—Procedure.
- 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.
- 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.
- After a judgement has been issued, then an Execution for Possession can be obtained.
- 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 Service
|Execution of Judgement||$ 95.00|
|Levy on Execution||$ 50.00|
|Protection Orders||$ 00.00|
|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||$ 20.00 + Mileage|
|Price per mile for service||$ 00.50 per mile|
|Flat fee for mileage on execution||$ 12.00|
Towing prices vary based on location
Protection Order Process
- Protection order applications are submitted to the Clerk of Courts.
- The order is either granted or denied by the judge.
- If the order is granted, it is brought to the Lincoln County Sheriff's Office of the jurisdiction that the respondent resides for service.
- Protection orders services are free of charge
- For more information please visit SD Law Help - Protection Orders