The bill amends Section 15-39-55 of South Dakota law regarding the notice requirements for small claims actions. It clarifies that notice is valid even if refused by the defendant and outlines the procedures to follow if notice sent by registered or certified mail is returned. Specifically, if the notice is returned, the clerk is required to deliver it to the county sheriff, who must attempt to serve it. If the sheriff is unable to serve the notice, the clerk must issue any further notice as ordered by the court, at the plaintiff's expense.

Additionally, the bill stipulates that if notice by other methods is returned undelivered or if it appears that the defendant has not received notice, the clerk must issue further notice at the plaintiff's request and expense. If the plaintiff chooses not to pursue further notification or if such attempts are unsuccessful after ninety days, the clerk has the authority to dismiss the action without prejudice. This amendment aims to streamline the notification process in small claims actions and provide clear guidelines for plaintiffs and clerks.

Statutes affected:
Introduced, 01/30/2025: 15-39-55