Step 1 — Determine Your Last Date of Furnishing
Before anything else, identify the true last date you performed work or delivered materials that are part of the project. All South Dakota lien deadlines spring from this date.
Step 2 — Serve Notice of Furnishing, if Required
If the general contractor has filed a Notice of Project Commencement and posted it, and you do not contract directly with the owner, serve a Notice of Furnishing Labor or Materials within 60 days of first furnishing. Otherwise, no statutory pre-lien notice is required.
Step 3 — Prepare Your South Dakota Mechanics Lien Statement
Prepare a South Dakota lien statement that includes:
Claimant’s legal name and address
Property owner’s name
Hiring party’s name (if different)
Legal description of the property
Dates of first and last furnishing labor or materials
Detailed description of what was furnished
Total amount claimed due and unpaid
A verification or notarized signature
Proof of certified mailing to the owner before filing
Step 4 — Serve the South Dakota Lien
Mail a copy of your South Dakota lien to the property owner by certified mail before filing and retain the receipt. This proof of service must be attached to your lien when you record it.
Step 5 — Record the South Dakota Mechanics Lien
Record the lien with the County Register of Deeds in the county where the property is located within 120 days of your last furnishing date.
Step 6 — Enforce the South Dakota Lien
If you remain unpaid, file a foreclosure lawsuit within 6 years of last furnishing. If the owner issues a written demand, you must bring suit within 30 days of that demand or the lien expires.