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Don Holloway, Sheriff
Pennington County
Sheriff's Office
300 Kansas City Street
Rapid City, SD 57701
(605) 394-6113
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The Civil Division is located on the main floor of the Public Safety Building at 300 Kansas City Street in Rapid City, South Dakota. The phone number is 605-394-6114. The business office for the Civil Division opens at 8 a.m. and closes at 5 p.m. Monday thru Friday.
The Pennington County Sheriff's Office Civil Division has the responsibility of 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.
A $35 deposit is required on all types of document service, except subpoenas which are $20, and writ of execution which are $45. Once the paperwork is served our service fee and mileage will be subtracted from this deposit. If the deposit is more than the amount of service, a refund will be sent with the return of service. If the deposit did not cover the costs of service a bill will be sent for the remainder.
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. If you are the successful bidder payment is required by 4:00 PM 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.
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 Three 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. View an example of a Three Day Notice to Vacate. 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.
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 $45 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.
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