reglab/housing_qa huggingface dataset:
SD Codified L § 54-4-68 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-68 - Appointment of resident agent for service of process--Notice.

54-4-68. Appointment of resident agent for service of process--Notice.A person licensed pursuant to chapter 54-4 shall appoint a resident agent for service of process and provide notice of such appointment to the director. Source: SL 2005, ch 258, §10.
SD Codified L § 54-4-69 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-69 - Consent to be sued--Form.

54-4-69. Consent to be sued--Form.A person licensed pursuant to chapter 54-4 shall consent to be sued in the circuit courts of the state for purposes of the director enforcing any provision of chapter 54-4 and any rules promulgated pursuant to chapter 54-4. The consent to suit shall be demonstrated by the execution and submission of a consent to suit form prepared by the director, with proof of authority to consent and execute the form. Source: SL 2005, ch 258, §11.
SD Codified L § 54-4-70 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-70 - Title loans to be evidenced by written agreement--Possession of certification of title--Application of statutes on secured transactions.

54-4-70. Title loans to be evidenced by written agreement--Possession of certification of title--Application of statutes on secured transactions.A title loan shall be evidenced by a written agreement in which a title lender agrees to make a title loan to a debtor and the debtor agrees to give the title lender a security interest in a motor vehicle owned by the debtor. The debtor shall give the title lender possession of the certificate of title to such motor vehicle. Except as otherwise provided in this chapter, the provisions of chapter 57A-9 apply to title loans and to persons engaged in the business of making title loans. Source: SL 2006, ch 245, §12.
SD Codified L § 54-4-71 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-71 - Term of title loan--Renewal--Payment amounts--Deferred principal amount.

54-4-71. Term of title loan--Renewal--Payment amounts--Deferred principal amount.Any title loan shall be for an initial term of no more than one month but may be renewed for additional one-month periods. No title loan may be renewed more than four times except as provided in this section. Upon the fifth renewal of a title loan, and through the eighth renewal, the debtor shall make payment of at least ten percent of the original principal amount of the title loan, in addition to any finance charges that are due. If at any renewal requiring a principal reduction, the debtor has not made previous principal reductions adequate to satisfy the current required principal reduction, and the debtor does not pay at least ten percent of the original loan amount, the title lender may either declare the debtor in default or renew the title loan and defer the required principal payment for an additional period. However, no further finance charges may accrue or be earned against the principal amount so deferred. For purposes of this section, a renewal is any extension or continuation of a title loan for an additional period without any change to the title loan or its terms other than a reduction in principal. After the eighth renewal the title loan is due in full and no further finance charges or fees may accrue or be earned. Source: SL 2006, ch 245, §13.
SD Codified L § 54-4-72 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-72 - Default in repayment of title loan--Remedy--Exception--Sale of reposed vehicle--Refund of surplus less expenses.

54-4-72. Default in repayment of title loan--Remedy--Exception--Sale of reposed vehicle--Refund of surplus less expenses.If a debtor defaults in the repayment of a title loan, the title lender's sole remedy is to seek possession and sale of the motor vehicle securing the loan, and the title lender may not pursue the debtor personally in any action or proceeding for repayment of the loan or for any deficiency after the sale. The title lender shall return to the debtor any surplus obtained after the sale that is in excess of the amount owed on the loan after any reasonable expenses of repossession, storage, and sale, including court costs and attorney's fees have been deducted. The remedy limitation provided in this section does not apply in the following circumstances:(1)If a debtor obtains a title loan from a title lender under false pretenses by not disclosing the existence of a valid prior lien or security interest affecting the motor vehicle; or(2)If the debtor intentionally conceals, impairs, or destroys the collateral. Source: SL 2006, ch 245, §14.
SD Codified L § 54-4-73 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-73 - Debt cancellation contract defined.

54-4-73. Debt cancellation contract defined.For the purposes of this chapter, the term, debt cancellation contract, means a term of an extension of credit or contractual arrangement modifying terms of an extension of credit under which a licensee agrees to cancel all or part of a customer's obligation to repay an extension of credit from the licensee upon the occurrence of a specified event. The contract may be separate from or a part of other extension of credit documents. The term does not include installment payment deferral arrangements in which the triggering event is the customer's unilateral election to defer repayment, or the licensee's unilateral decision to allow a deferral of repayment. Source: SL 2012, ch 235, §2.
SD Codified L § 54-4-74 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-74 - Debt suspension contract defined.

54-4-74. Debt suspension contract defined.For the purposes of this chapter, the term, debt suspension contract, means a term of an extension of credit or contractual arrangement modifying terms of an extension of credit under which a licensee agrees to suspend all or part of a customer's obligation to repay an extension of credit from the licensee upon the occurrence of a specified event. The contract may be separate from or a part of other extension of credit documents. The term does not include installment payment deferral arrangements in which the triggering event is the customer's unilateral election to defer repayment, or the licensee's unilateral decision to allow a deferral of repayment. Source: SL 2012, ch 235, §3.
SD Codified L § 54-4-75 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-75 - Debt cancellation contracts and debt suspension contracts permitted.

54-4-75. Debt cancellation contracts and debt suspension contracts permitted.A licensee pursuant to this chapter may enter into debt cancellation contracts and debt suspension contracts and charge a fee for those contracts in connection with any extension of credit that it makes, purchases, or of which it accepts assignment. Source: SL 2012, ch 235, §4.
SD Codified L § 54-4-76 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-76 - Loans by unlicensed lenders uncollectible except for principal.

54-4-76. Loans by unlicensed lenders uncollectible except for principal.Any loan made in South Dakota after June 30, 2015, to a resident of South Dakota, by an entity organized to engage in the business of lending money not licensed or exempt from licensure pursuant to this chapter is unenforceable and uncollectible except as to any principal extended by the entity to the borrower. Source: SL 2015, ch 242, §5.
SD Codified L § 54-4-77 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-77 - Debt collection--Prohibitions.

54-4-77. Debt collection--Prohibitions.No person employed by a licensee to collect or attempt to collect any debt owed or due or asserted to be owed or due may:(1)Harass, oppress, or abuse a borrower by:(a)Using any threat of violence or harm;(b)Publishing a list of names of borrowers who refuse to pay their debts absent providing such information to credit reporting companies;(c)Using obscene or profane language; or(d)Repeatedly using the phone with the intent to annoy borrowers;(2)Use any false statement when attempting to collect a debt by falsely:(a)Claiming to be an attorney or government representative;(b)Claiming that the borrower has committed a crime;(c)Representing that the licensee operates or any person employed by the licensee works for a credit reporting company;(d)Representing the amount the borrower owes;(e)Representing the nature and character of any forms sent to the borrower in order to collect a debt;(f)Indicating that the borrower will be arrested if the debt isn't paid;(g)Using a company name;(h)Indicating that the licensee will seize, garnish, attach, or sell a borrower's property or wages unless the licensee is permitted by law to take the action and the licensee intends to do so;(i)Indicating that legal action will be taken against the borrower, if doing so would be illegal or if the licensee does not intend to take the action;(3)Give false credit information about the borrower to anyone, including a credit reporting company;(4)Attempt to collect any interest, fee, or other charge on top of the amount a borrower owes unless the contract that created the debt or state law allows the charge;(5)Deposit a post-dated check early;(6)Take or threaten to take the borrower's property unless it can be done legally; or(7)Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6 (16). Source: SL 2015, ch 242, §6; SL 2020, ch 171, § 5.
SD Codified L § 54-4-77.1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-77.1 - Exemptions not applicable to prohibited debt-collection tactics.

54-4-77.1. Exemptions not applicable to prohibited debt-collection tactics.The exemptions under this chapter do not apply to any debt-collection tactic prohibited in §54-4-77. Source: SL 2017, ch 207, §4.
SD Codified L § 54-4-78 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-78 - Use of nationwide mortgage licensing system and registry for requesting and distributing information.

54-4-78. Use of nationwide mortgage licensing system and registry for requesting and distributing information.The director may use the nationwide mortgage licensing system and registry as a channeling agent for requesting and distributing information to and from other state and federal regulatory officials or agencies with money lending industry oversight authority, as deemed necessary by the director to carry out the responsibilities of this chapter. Source: SL 2015, ch 242, §7.
SD Codified L § 54-4-79 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-79 - Contracts for collection and maintenance of records and processing of fees.

54-4-79. Contracts for collection and maintenance of records and processing of fees.The director may establish relationships or contracts with the nationwide mortgage licensing system and registry or other entity designated by the nationwide mortgage licensing system and registry to collect and maintain records and process a transaction fee or other fee related to any licensee or other person subject to the provisions of this chapter. Source: SL 2015, ch 242, §8.
SD Codified L § 54-4-80 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-80 - Sharing of information collected by director.

54-4-80. Sharing of information collected by director.The following provisions apply to the sharing of information collected and retained by the director during the administration of this chapter:(1)The provisions of §51A-2-35 regarding privacy or confidentiality apply to any information or material provided to the nationwide mortgage licensing system and registry, and any privilege arising under federal or state law, including a rule of any federal or state court, with respect to the information or material, continue to apply to the information or material after the information or material has been disclosed to the nationwide mortgage licensing system and registry. The information and material may be shared with all state and federal regulatory officials with money lending industry oversight authority without the loss of privilege or the loss of confidentiality protections pursuant to the provisions of federal law or §51A-2-35;(2)No information or material that is subject to a privilege or confidentiality pursuant to this section is subject to:(a)Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or(b)Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the nationwide mortgage licensing system and registry regarding the information or material is waived, in whole or in part, by the person to whom the information or material pertains.This section does not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, any licensee that is included in the nationwide mortgage licensing system and registry for access by the public. Source: SL 2015, ch 242, §9.
SD Codified L § 54-4-81 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 04 - Money Lending Licenses|Section 54-4-81 - Attorney's fees recoverable if provided for in evidence of debt.

54-4-81. Attorney's fees recoverable if provided for in evidence of debt.Notwithstanding §15-17-39, any person licensed pursuant to this chapter may recover reasonable attorney's fees in the case of default of payment if provided for in a note, bond, or other evidence of debt. Source: SL 2018, ch 272, §2.
SD Codified L § 54-6A-1 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-1 - Definitions.

54-6A-1. Definitions.Terms used in this chapter mean:(1)"Advertisement," a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement;(2)"Cash price," the price at which the lessor would have sold the property to the consumer for cash on the date of the lease-purchase agreement;(3)"Consumer," a natural person who rents personal property under a lease-purchase agreement to be used primarily for personal, family or household purposes;(4)"Consummation," the time a consumer becomes contractually obligated on a lease-purchase agreement;(5)"Lessor," a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. Source: SL 1991, ch 393, §1.
SD Codified L § 54-6A-2 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-2 - Lease-purchase agreement defined.

54-6A-2. Lease-purchase agreement defined.A lease-purchase agreement is an agreement for the use of personal property by a natural person primarily for personal, family or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the property beyond the initial period, and that permits the consumer to become the owner of the property. Source: SL 1991, ch 393, §2.
SD Codified L § 54-6A-3 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-3 - Agreements exempt from other laws.

54-6A-3. Agreements exempt from other laws.Lease-purchase agreements which comply with this chapter are not subject to the laws relating to:(1)A consumer transaction in chapter 54-3A;(2)A security interest defined in §57A-1-201; or(3)A lease in chapter 57A-2A.This chapter does not apply to the following:(1)Lease-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;(2)A lease of a safe deposit box;(3)A lease or bailment of personal property which is incidental to the lease of real property, and which provides that the consumer has no option to purchase the leased property; or(4)A lease of a motor vehicle. Source: SL 1991, ch 393, §3.
SD Codified L § 54-6A-4 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-4 - Disclosure of information.

54-6A-4. Disclosure of information.The lessor shall disclose to the consumer the information required by this chapter. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by such disclosures. The disclosures shall be made at or before consummation of the lease-purchase agreement. The disclosures shall be made clearly and conspicuously in writing and a copy of the lease-purchase agreement provided to the consumer. The disclosures required under §54-6A-5 shall be made on the face of the contract above the line for the consumer's signature.If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of this chapter. Source: SL 1991, ch 393, §4.
SD Codified L § 54-6A-5 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-5 - Information required in disclosure.

54-6A-5. Information required in disclosure.For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:(1)The total number, total amount, and timing of all payments necessary to acquire ownership of the property;(2)A statement that the consumer will not own the property until the consumer has made the total payment necessary to acquire ownership;(3)A statement that the consumer is responsible for the fair market value of the property if, and as of the time, it is lost, stolen, damaged, or destroyed;(4)A brief description of the leased property, sufficient to identify the property to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the property is new or used, but a statement that indicates new property is used is not a violation of this chapter;(5)A brief description of any damages to the leased property;(6)A statement of the cash price of the property. If the agreement involves a lease of five or more items as a set, in one agreement, a statement of the aggregate cash price of all items is sufficient;(7)The total of initial payments paid or required at or before consummation of the agreement or delivery of the property, whichever is later;(8)A statement that the total of payments does not include other charges, such as late payment, default, pickup, and reinstatement fees, which fees shall be separately disclosed in the contract;(9)A statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option and the price, formula, or method for determining the price at which the property may be so purchased;(10)A statement identifying the party responsible for maintaining or servicing the property while it is being leased, together with a description of that responsibility, and a statement that if any part of a manufacturer's express warranty covers the leased property at the time the consumer acquires ownership of the property, the warranty shall be transferred to the consumer, if allowed by the terms of the warranty;(11)The date of the transaction and the identities of the lessor and consumer;(12)A statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair, ordinary wear and tear excepted, upon expiration of any lease term along with any past due rental payments; and(13)Notice of the right to reinstate an agreement as provided in this chapter.With respect to matters specifically governed by the Federal Consumer Credit Protection Act, compliance with such act satisfies the requirements of this section. Source: SL 1991, ch 393, §5.
SD Codified L § 54-6A-6 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-6 - Provisions prohibited in agreements.

54-6A-6. Provisions prohibited in agreements.A lease-purchase agreement may not contain:(1)A confession of judgment;(2)A negotiable instrument;(3)A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement;(4)A wage assignment;(5)A waiver by the consumer of claims or defenses; or(6)A provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises or to commit any breach of the peace in the repossession of goods. Source: SL 1991, ch 393, §6.
SD Codified L § 54-6A-7 (2021)
2021 South Dakota Codified Laws|Title 54 - Debtor and Creditor|Chapter 06A - Lease-Purchase Agreements For Personal Property|Section 54-6A-7 - Reinstatement of agreement--Repossession.

54-6A-7. Reinstatement of agreement--Repossession.A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of:(1)All past due rental charges;(2)If the property has been picked up, the reasonable costs of pickup and redelivery; and(3)Any applicable late fee, within five days of the renewal date if the consumer pays monthly, or within two days of the renewal date if the consumer pays more frequently than monthly.In the case of a consumer who has paid less than two-thirds of the total of payments necessary to acquire ownership and if the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable reinstatement period set forth in this section, the consumer may reinstate the agreement during a period of not less than twenty-one days after the date of the return of the property.In the case of a consumer who has paid two-thirds or more of the total of payments necessary to acquire ownership, and if the consumer has returned or voluntarily surrendered the property, other than through judicial process, during the applicable period set forth in this section, the consumer may reinstate the agreement during a period of not less than forty-five days after the date of the return of the property.Nothing in this section prevents a lessor from attempting to repossess property during the reinstatement period, but such a repossession does not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition. Source: SL 1991, ch 393, §7.