Small claims filing questions

[DAS]

What is the name of your state (only U.S. law)? SD
When filing a small claims against someone who won't return my deposit, can I charge interest and if so when can I begin the interest charge. Also at what percentage. Second, What is service fees exactly on the form mean.
Can I add in my time for doing all of this.?
Finally, I wrote the check out to the guy, but on the back both him and his wife signed it. So when I file the claim do I make it out to both or to him?

 

[dcatz]

can I charge interest and if so when can I begin the interest charge

You don’t explain the nature of the underlying obligation, so your success in adding interest may depend on the court. In a higher forum, prejudgment interest would routinely be expected to be added in the instance of a payment default, but it’s not uncommon for Small Claims to deny it unless the obligation is based on a written agreement. You have nothing to lose by asking, and interest accrues from the date of default.

Also at what percentage.

Prejudgment interest accrues at 10%APR in your state.

What is service fees exactly on the form mean.

Service fees refer to the cost(s) associated with delivering process (“serving”) to the defendant(s) - such as of expense of paying a process server or the Sheriff.

Can I add in my time for doing all of this.?

No.

So when I file the claim do I make it out to both or to him?

Who was the agreement with – him or both?