Law Enforcement Division - Civil Division

The Pennington County Sheriff's Office Civil Division is overseen by Captain Chris Hislip and is staffed by one Sergeant, three Administrative Support Staff, four Civil Deputies and a Protection Order Deputy. 

This division is responsible for serving civil documents and executing court orders. Among the most common documents served are Summons and Complaints, Writs of Execution (see below for more information), Distress Warrants, Protection Orders, Notices of Small Claims, and Three-Day Notices to Vacate. We also serve other legal documents received from the courts, attorneys, and private citizens.

For paperwork service, please download the Paperwork Service Information form. See Service Fees for deposits required for service.

If a person has lived in a residence for more than 30 days, you should follow the eviction process to have them evicted. The first step in the eviction process is to serve them with a Five-Day Notice to Vacate. The notice must list the person(s) being evicted, the reason for eviction, the address they are being evicted from, and the landlord information. 

The Civil Division can serve the notice, all fees and deposit information listed above will apply.

The South Dakota Codified Laws regarding eviction are found under Chapter 21-16.

Foreclosure sales are held on the front steps of the Pennington County Courthouse, located on the north side of the building facing Saint Joseph St. Normally the bank sends in a bid for the property and bidding starts at one dollar above that amount. Bidding is allowed in one dollar increments. If you are the successful bidder you are purchasing a lien on the property that normally carries a 180 day redemption. After the redemption period is expired a deed is issued by the Sheriff. During the 180 day period you are responsible to protect your interest in the property. Any time during the 180 day period any lien holder can redeem on the property. If the property is redeemed you will receive a refund on your purchase price, including insurance and mandatory repairs, plus interest.

All bidders must bring a Letter of Credit from their financial institution. If you are the successful bidder, payment is required by 3:00pm on the day of the auction. Payment can either be made in cash or with a certified bank check. If you are unable or unwilling to secure financing you may be held responsible for any fees and costs accrued.

For a listing of upcoming sales please see the Rapid City Journal website.

Protection Orders must be applied for at the Clerk of Courts Office on the second floor of the Pennington County Courthouse. The phone number for the Clerk of Courts Office in reference to protection orders is 605-394-2575.

Below are the current fees, processes, and important payment information.

Standard Service Fees

  • Subpoena - $20
  • Writ of Execution - $95
  • Execution for Possession - $95
  • All Other Civil Process Documents - $50
  • Mileage Fee (per above process) - $10 flat fee

Payment Information

  • Required Upfront: Payment must be submitted with the paperwork for processing. We will not process or attempt service on paperwork received without proper payment.
  • Accepted Forms of Payment:
    • Cash
    • Check
    • Money Order
    • Credit Card (Visa, MasterCard, Discover)
  • Not Accepted:
    • American Express
    • Apple Pay

If paperwork is submitted without proper payment, our office will attempt to contact the point of contact on file to resolve the issue.

Mileage Fee Details

  • A $10 flat fee per process is applied to cover mileage costs.
  • If service is made within the Public Safety Building or the Jail, mileage fees do not apply because no mileage was accrued. In those cases, a $10 refund will be issued.

Submitting Civil Paperwork

You may submit paperwork in one of the following ways:

Please note: If documents are emailed or faxed, a copy fee will be charged for any printing done by our staff, and you will be contacted for payment.

Unserved Process Returns

If a document cannot be served, our return will include general, non-criminal justice information such as:

  • Moved from the address submitted
  • Address not in the county
  • Deceased
Due to legal restrictions, we cannot provide information from criminal justice databases.

A writ of execution may be requested from the court once a civil lawsuit has been won in Civil Court or Small Claims Court. Once a party has been awarded a judgment, an execution grants the Sheriff's Office power to attempt to collect the money owed. The execution must first be requested from the Clerk of Courts office then brought to the Sheriff's Office.

Once at the Sheriff's Office, there is a form to fill out with any information the creditor may have on the debtor, such as name, address, phone numbers, date of birth, social security number, and place of employment. At that time the $105 deposit will be requested. The deposit is added into the execution amount and collected from the debtor if we are able to collect. The file is set up and given to one of our Civil Deputies to attempt to collect. Once we receive the writ of execution the Deputies have 60 days to collect.

We cannot garnish wages; you will need to seek the advice of an attorney if you do not know how to draw up garnishment paperwork.

Download a Writ of Execution Form here.