Title 54 — DEBTOR AND CREDITOR
19 chapters · 291 sections in this title.
SDCL § 54-13-1 Definition of terms
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Terms used in this chapter mean: (1) "Agricultural land," a parcel of land larger than forty acres not located in any municipality and used in farming or ranching operations carried on by the owner or operator within the preceding three- year period for the production of farm pro…
SDCL § 54-13-10 Mandatory mediation--Requirements--Voluntary mediation
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A creditor desiring to commence an action or a proceeding in this state to enforce a debt totaling fifty thousand dollars or greater against agricultural land or agricultural property of the borrower or to foreclose a contract to sell agricultural land or agricultural property or…
SDCL § 54-13-11 Notice of initial mediation meeting--Exempt creditors--Waiver of right to mediate--Debt collection limitations
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Unless the borrower waives mediation, the director of the agricultural mediation program shall promptly send a mediation meeting notice to the borrower and to all creditors as defined in subdivision 54-13-1(5), setting a time and place for an initial mediation meeting between the…
SDCL § 54-13-12 Length of mediation period--Notice to borrower--Additional meetings
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The total mediation period for borrower and creditor mediations shall be for a term of forty-two days after the date the director of the agricultural mediation program issues the notice to the borrower. The director of the agricultural mediation program must issue a notice to the…
SDCL § 54-13-13 Mediation of indebtedness requested by borrower--Procedure--Attendance at meetings not required
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A borrower may request mediation of any type or amount of indebtedness by applying to the director of the agricultural mediation program. The director of the agricultural mediation program may make the appropriate mediation request forms available for such purpose. The director o…
SDCL § 54-13-14 State or federal time periods deemed to run concurrently
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The time period provided in any state or federal statutes, rules, or regulations are not to be affected by this chapter but shall be deemed to have run concurrently with the time period for mediation. Source: SL 1988, ch 384 , § 14.
SDCL § 54-13-15 Continuation of mediation--Expiration of mediation period--Agreement between borrower and creditors
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If the borrower and the initiating creditor consent, mediation may continue beyond the forty - two day mediation period with the same force and effect as though held within the forty - two day period. If no meeting is held within the forty - two day mediation period, absent a wai…
SDCL § 54-13-16 Statement of waiver or failure to reach agreement deemed release
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If the borrower waives mediation or if a mediation agreement is not reached, a statement to that effect shall be prepared by the mediator and such statement shall constitute a mediation release. Unless the borrower waives mediation, a creditor may not receive a mediation release …
SDCL § 54-13-17 Time limitation on waiver by borrower
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Any waiver by the borrower pursuant to this chapter may not be made more than sixty days prior to the commencement of any action or proceeding as described in §
SDCL § 54-13-18 Information regarding finances of borrowers and creditors not public records--Mediation meetings not open
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All data and information regarding the finances of borrowers and creditors which is created, collected, or maintained by the director of the agriculture mediation program pursuant to the terms of this chapter or disclosed to the mediator are not public records and are confidentia…
SDCL § 54-13-19 Other rights and duties, penalties, and actions not affected
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This chapter does not affect rights and duties that matured, penalties that were incurred, and actions or proceedings that were begun before the effective date of this chapter, and any actions or proceedings which have been filed shall be exempt from any requirements of this chap…
SDCL § 54-13-2 Agricultural mediation program--Purposes--Administration
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The Department of Agriculture and Natural Resources shall administer an agricultural mediation program to: (1) Provide mediation to borrowers and creditors seeking to resolve credit disputes; (2) Provide federal land mediation to individuals or organizations seeking to mediate di…
SDCL § 54-13-20 Mediator or ag finance counselor immunity from civil liability--Qualifications
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Any person serving as a mediator or ag finance counselor pursuant to this chapter is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if the individual was acting in good faith, in a rea…
SDCL § 54-13-4 Staff services--Employment of director and other employees--Payment of expenses
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All staff services required by the agricultural mediation program shall be provided by the Department of Agriculture and Natural Resources. The secretary of agriculture and natural resources may employ a director of mediation services and other agents and employees as the secreta…
SDCL § 54-13-5 Responsibility for fees--Agricultural mediation operating fund created--Appropriation--Annual review--Disbursements
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Any fees provided under this chapter and by rule shall be borne equally between the parties. The fees and any funds received pursuant to the Agricultural Credit Act of 1987, as of January 1, 2015, shall be deposited in the agricultural mediation operating fund which is hereby cre…
SDCL § 54-13-6 Contracts with state agencies, nonprofit corporations, or individuals
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The Department of Agriculture and Natural Resources, in the administration of this chapter, may contract with one or more established agencies of state government, nonprofit corporations, or individuals to provide mediation services for borrowers and creditors and to provide fina…
SDCL § 54-13-7 Assistance to borrower or creditor
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Any borrower or creditor involved in mediation may be provided resources to assist in the analysis of the borrower's business and personal financial situation, which analysis shall be conducted in a manner that assists the borrower, the borrower's family, and the creditor to prep…
SDCL § 54-13-9 Notice to borrower and creditor of availability of financial preparation assistance
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Upon receipt of a mediation request, the director of the agricultural mediation program shall notify the borrower and creditor as to whether financial preparation assistance resources are available and shall provide any other information available regarding assistance programs to…