South Dakota Complaint for Past Due Promissory Note

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Multi-State
Control #:
US-01126BG
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Description

The form is a complaint for a default on payments due pursuant to a promissory note. The complaint adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Title: Understanding South Dakota Complaint for Past Due Promissory Note: A Comprehensive Guide Introduction: In South Dakota, a complaint for a past due promissory note is a legal document filed by a creditor seeking to collect the outstanding balance owed by a borrower. This article aims to provide a detailed description of what a South Dakota Complaint for Past Due Promissory Note entails, its purpose, and any relevant information about different types of complaints that may exist in this context. Keywords: South Dakota, complaint, past due, promissory note, legal document, creditor, collect, outstanding balance, borrower, purpose. 1. Overview of a South Dakota Complaint for Past Due Promissory Note: A South Dakota Complaint for Past Due Promissory Note is a formal legal action taken by a creditor against a borrower who has failed to repay an outstanding debt. This document initiates a lawsuit, enabling the creditor to legally pursue the collection of money owed by the borrower. 2. Purpose of a South Dakota Complaint for Past Due Promissory Note: The main purpose of filing a South Dakota Complaint for Past Due Promissory Note is to seek a court judgment that enforces the repayment of the debt. This legal action allows the creditor to recover the outstanding balance, interest, and any associated fees. 3. Contents of a South Dakota Complaint for Past Due Promissory Note: Typically, a South Dakota Complaint for Past Due Promissory Note includes: — Identification of the parties involved: The complaint states the names and contact information of both the creditor (plaintiff) and the borrower (defendant). — Detailed account of the debt: The complaint outlines the amount owed, the terms of repayment, and any interest or penalties incurred. — Breach of contract claim: It asserts that the borrower has failed to honor their contractual obligations. — Request for judgment: The creditor seeks a court order compelling the borrower to repay the outstanding debt, including accrued interest and costs incurred during the legal proceedings. 4. Different Types of South Dakota Complaints for Past Due Promissory Note: Although the primary focus of a South Dakota Complaint for Past Due Promissory Note remains the same, it may vary based on the specific circumstances. Some types of complaints that may exist within this context include: — Individual borrower complaint: Filed against an individual borrower who has failed to repay a promissory note as agreed. — Business borrower complaint: Filed against a business entity that has defaulted on its promissory note obligation. — Cosigner complaint: Filed against a cosigner who is equally responsible for the debt but has not fulfilled their payment obligations. Conclusion: A South Dakota Complaint for Past Due Promissory Note serves as a crucial legal tool for creditors seeking to recover outstanding debts. By initiating a lawsuit, this document enables lenders to obtain a court judgment that compels the borrower to repay the debt. Understanding the purpose and components of a complaint is vital for both creditors and borrowers involved in such legal proceedings. Keywords: South Dakota Complaint, past due, promissory note, creditor, borrower, lawsuit, legal action, court judgment, repayment, debt.

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Usually, states will have a misdemeanor statute of limitations that's far shorter than for felonies. It depends on the crime. Some states, like Kentucky, North Carolina, South Carolina, Virginia, and Wyoming, have no statute of limitations on felony crimes at all, meaning a victim can come forward at any time.

Typically, a claim for personal injuries resulting from a car accident in South Dakota must be brought within three years. There are exceptions to this rule that can shorten the timeframe, such as if the other driver is a state or government worker.

Promissory notes are generally governed by state law. The most common restrictions cover interest rates and secured loans.

The second triggering date, dealing with when to commence a lawsuit to enforce payment of a demand note, is the date on which the first demand for payment of the note is made. The applicable limitations period for this date is six years.

The general federal statute of limitations for felonies stand for the proposition that the government can no longer file criminal charges for an offense once 5 years has passed. The federal statute of limitations is 18 USC 3282.

In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.

South Dakota permits a plaintiff to recover damages so long as their fault was ?slight." Flipping this around, a defendant's fault must be ?gross" (or great) for a defendant to be liable for a plaintiff's injuries. Lawyers call this ?slight-gross negligence," and it can limit a plaintiff's ability to recover.

In South Dakota, the statute of limitations for personal injury claims is three years.

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It is your right under the law to change your mind. If you cancel your purchase, the seller has 10 days to: • Cancel and return any promissory note or other ... Jun 15, 1985 — Complaint on a promissory note. STATE OF SOUTH DAKOTA IN CIRCUIT ... complaint; and denies the allegations stated in paragraph 2 to the extent set.If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $15.00, whichever is greater. Form 2. Complaint on a promissory note. STATE OF SOUTH DAKOTA IN CIRCUIT COURT. COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT. A.B., Plaintiff. vs. COMPLAINT. Form and extent of surety's obligation for costs. The obligation of the surety required by § 15-9-1 shall be complete by endorsing the summons or complaint to ... Jan 1, 2001 — Wherefore plaintiff demands judgment against defendant for the sum of one thousand dollars, interest, costs, and disbursements. Signed: Attorney ... Dec 4, 2009 — The name of the originator of the debt is required in some states if the Plaintiff is an assignee of the original creditor. This information ... 12 at 10. Schiefen's allegations of fraud in the making of the promissory note, impossibility of performance, lack of informed consent in the making of the note ... However, the. Complaint Plaintiff filed against Defendant sought damages relating to a $19,572,12 credit card debt that Defendant failed to repay as agreed, and ... File No. 8233. Opinion filed November 2, 1939. 1. Bills and Notes. A note is subject to statute which provides that a contract in writing may be altered by a ...

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South Dakota Complaint for Past Due Promissory Note