Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney in South Dakota for guidance on your specific situation.
Locating and identifying assets across multiple counties or states can be challenging. In South Dakota, you can use public records, statutory filings, and online databases to find real estate, personal property, business interests, bank accounts, and unclaimed assets. Below is a step-by-step guide based on South Dakota law:
1. Search Real Property Records
Every county in South Dakota maintains a Register of Deeds office. Real estate deeds, mortgages, and liens are recorded here. To search:
- Visit the county Register of Deeds website or office where the property is located.
- Search by the owner’s name or parcel number.
- Review recorded documents for conveyances, liens, or easements.
Statute reference: SDCL Title 10, Chapter 10-6 (Registers of Deeds). See https://sdlegislature.gov/Statutes/Codified_Laws/Title10.
2. Review County Property Tax Records
The County Director of Equalization or Assessor maintains property tax rolls for real and open-space land. Tax rolls list current owners, assessed values, and property descriptions.
- Visit the county assessor’s office or website.
- Search by owner name or parcel identification.
Statute reference: SDCL Title 10, Chapters 10-8 and 10-9 (Assessments and Equalization). See https://sdlegislature.gov/Statutes/Codified_Laws/Title10.
3. Conduct UCC Financing Statement Searches
For personal property collateral and security interests, search Uniform Commercial Code (UCC) financing statements filed in each county or with the South Dakota Secretary of State.
- Use the Secretary of State’s online UCC search portal.
- Search by debtor name to find liens on equipment, inventory, or receivables.
Statute reference: SDCL Title 54A, Article 9. See https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Section=54A-9-501.
4. Check Corporate and Business Filings
The South Dakota Secretary of State’s Business Information Search lists corporations, LLCs, partnerships, and their registered agents.
- Search the entity database by business name or owner name.
- Review annual reports, registered agent addresses, and status.
Website: https://sdsos.gov/.
5. Locate Vehicle and Vessel Records
The South Dakota Department of Revenue’s Motor Vehicle Division records titles and registrations for vehicles and boats.
- Submit a request for title inquiry with the vehicle identification number (VIN) or owner name.
Statute reference: SDCL Title 32, Chapters 32-3 and 32-4. See https://sdlegislature.gov/Statutes/Codified_Laws/Title32.
6. Search Unclaimed Property
South Dakota holds unclaimed financial assets—such as dormant bank accounts, uncashed checks, or utility refunds—under the Unclaimed Property Act.
- Visit the Department of Treasury’s Unclaimed Property website.
- Search by owner name to locate balances owed.
Website: https://treasury.sd.gov/Unclaimed.aspx.
7. Use Court Filings and Public Notices
Court clerks in each county maintain civil case files. Asset disclosure statements in divorce or judgment collection proceedings may reveal assets held by a party.
- Access county circuit court records online or in person.
- Review judgment liens recorded under SDCL 21-31.
Statute reference: SDCL Title 21, Chapter 21-31. See https://sdlegislature.gov/Statutes/Codified_Laws/Title21.
Helpful Hints
- Organize your search by asset type (real property, personal property, business interests).
- Check each county separately for localized records and filings.
- Use exact name spelling and variations to capture all records.
- Consider hiring a private investigator or title company for complex searches.
- Record document reference numbers and filing dates to streamline requests.
- In litigation, use subpoenas to compel third parties (banks, employers) to produce records.