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Complaint for Recovery of Monies Paid and for Declaratory Judgment as...

South Dakota Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation

Name: South Dakota Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation
Brand: US Legal Forms
Rating: 4.66 (373 reviews)

Category:

Insurance - Complaints

State:

Multi-State

Control #:

US-000279

Format:

Instant download

Description

This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.

A South Dakota Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation is a legal document that outlines a claim made by an individual or entity seeking the reimbursement of funds paid to another party. This type of complaint is often filed in situations where one party has mistakenly made payments or where there is a dispute regarding who is responsible for the payment. Keywords: South Dakota, complaint, recovery, monies paid, declaratory judgment, responsibility, subrogation. There can be variations of the South Dakota Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation based on the specific circumstances of the case. Some potential types of complaints in this category could include: 1. Complaint for Recovery of Erroneously Paid Funds: This type of complaint is filed when a party has made a payment or payments in error to another party and seeks to recover those funds. 2. Complaint for Recovery of Overpaid Funds: When one party has unintentionally overpaid another party, this type of complaint is filed to recover the excess funds. 3. Complaint for Recovery of Unauthorized Payments: If payments were made without proper authorization or outside the scope of an agreement, this type of complaint can be filed to recover the unauthorized funds. 4. Complaint for Recovery of Damages Paid by Mistake: In situations where damages were mistakenly paid to another party, this type of complaint aims to recover the funds paid due to the erroneous belief of liability. 5. Complaint for Recovery of Payments Based on Fraudulent Representation: If one party made payments based on false or fraudulent representations by another party, this type of complaint can be filed to recover the funds paid as a result of the deceit. It's important to note that the specific types of complaints may vary depending on the circumstances involved in a particular case. Therefore, the South Dakota Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation can be further specialized to suit the individual needs of the situation at hand.

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How to fill out South Dakota Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?

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FAQ

A claim for declaratory relief seeks to determine the legal rights and obligations of the parties with prospective effect.

For example, a declaratory judgment action could be brought to determine party rights and obligations under a contract or to establish the validity of a patent. Under Article III of the U.S. Constitution, a federal court may only issue a declaratory judgment when there is an actual controversy.

A declaratory judgment is legally binding and has the same result and power than a final judgment. These judgments are also known as a declaration or declaratory relief.

The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.

Declaratory judgments are conclusive and legally binding, but do not have preclusive effect if: A later lawsuit involves issues other than those specifically litigated and ruled on in the declaratory judgment action.

Codified Law 26-8A-2 | South Dakota Legislature. 26-8A-2. Abused or neglected child. (10) Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance.

A plaintiff seeking declaratory relief must show that there is an actual controversy even though declaratory relief will not order enforceable action against the defendant. An actual controversy means there is a connection between the challenged conduct and injury, and redressability that the court could order.

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Source: SD RCP, Form 5. Form 6. Complaint for money paid by mistake. 1 ... 15-16-1 Judgment for possession or damages in action for recovery of personal property. (1) In his absence complete relief cannot be accorded among those already parties; or ... After entry of judgment any voluntary partial payment of a claim shall ...Dec 13, 2017 — In this insurance coverage dispute, did the Eighth. Circuit mistakenly apply this Court's clear direc- tion for interpreting Section ... The required forms are the Fillable Case Filing Statement (Word), Written Case Filing Statement (Word), (for each party), the Plaintiff's Statement of Claim, ... This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. May 14, 1996 — In this case we are asked to decide whether a seriously injured insured can seek declaratory judgment as to the right of his no-fault insurer to ... Nov 21, 2003 — On January 26, 2001, Alfa filed a declaratory-judgment action in the Mobile Circuit Court seeking a declaration that Clark owed Alfa the $2,000 ... The ASR prohibits actions by an insurer against its insured for recovery of a claim payment under the policy but will sometimes not prohibit an insurance ... The clerk will then satisfy the judgment. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the. On September 21, 1998, BancInsure filed this declaratory judgment action against BNC and Gronlie, seeking a determination of its obligation under the bond. BNC ...

South Dakota Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation

Description

Related forms

Viewed forms

How to fill out South Dakota Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?

Form popularity

FAQ

Is declaratory relief a claim?

What is an example of a declaratory judgment?

What is the difference between a declaratory judgment and a declaratory relief?

Is declaratory judgment equitable relief?

Are declaratory Judgements binding?

What is the codified law 26 8A 2 in South Dakota?

What are the elements of a declaratory relief claim?

What is entitled to declaratory relief?

Interesting Questions

What does it mean to file a complaint for recovery of monies paid?

When can I file a complaint for recovery of monies paid?

What is a declaratory judgment regarding parties' responsibility?

Why would I need a declaratory judgment for parties' responsibility?

What does it mean to seek subrogation?

In what situations is seeking subrogation relevant?

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South Dakota Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation

Description

Related forms

Viewed forms

How to fill out South Dakota Complaint For Recovery Of Monies Paid And For Declaratory Judgment As To Parties' Responsibility And Subrogation?

Form popularity

FAQ

Is declaratory relief a claim?

What is an example of a declaratory judgment?

What is the difference between a declaratory judgment and a declaratory relief?

Is declaratory judgment equitable relief?

Are declaratory Judgements binding?

What is the codified law 26 8A 2 in South Dakota?

What are the elements of a declaratory relief claim?

What is entitled to declaratory relief?