Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-57-1 Liability for dishonored checks, drafts, or orders--Minimum and maximum amounts--Court costs and interest--Satisfaction
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In any civil action brought for the purpose of collecting a check, draft, or order of payment, any person who makes, draws, or issues any check, draft, or order of payment that is dishonored and is not paid within thirty days after mailing of a notice of dishonor sent in complian…
SDCL § 21-57-2 Final judgment required before liability asserted
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No holder or assignee for collection may assert that any maker, drawer, or issuer has any liability pursuant to § 21-57-1 unless such liability has been determined by entry of a final judgment by a court of competent jurisdiction. Source: SL 1999, ch 112 , § 2.
SDCL § 21-57-3 No liability in certain circumstances
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The maker, drawer, or issuer is not liable for the damages and costs specified in § 21-57-1 if: (1) The account contained sufficient funds or credit to cover the check, draft, or order at the time the check, draft, or order was issued, plus all other checks, drafts, and orders on…
SDCL § 21-57-4 Notice of dishonor--Writing--Service
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Notice that a check, draft, or order has not been paid upon presentment shall be in writing and given in person and receipted for, or by personal service, or by depositing the notice by certified mail, return receipt requested and postage prepaid, in the United States mail and ad…
SDCL § 21-57-5 Notice of dishonor--Information required
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The notice given pursuant to § 21-57-4 shall include the following information regarding the unpaid check, draft, or order: (1) The date the check, draft, or order was issued; (2) The name of the bank, depository, person, firm, or corporation on which it was drawn; (3) The name o…
SDCL § 21-57-6 Instruments and actions for recovery may be combined--Venue
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If the same person is the maker, drawer, or issuer of two or more checks, drafts, or orders, such instruments may be combined. An action for their recovery pursuant to § 21-57-1 may be brought in any county in which one of the dishonored checks, drafts, or orders were issued or i…
SDCL § 21-57-7 Criminal prosecution not precluded
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Nothing in §§ 21-57-1 to 21-57-7 , inclusive, prevents the criminal prosecution of the person who makes, draws, or issues a dishonored check, draft, or order. Source: SL 1999, ch 112 , § 7.