South Dakota Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion

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Description

A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.


In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.

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FAQ

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.

Interest, Costs and Attorney's Fees Post-judgment interest is payable on all judgments at the statutory rate. SDCL §54-3-5.1. The statutory rate in South Dakota is currently 10 percent per annum. SDCL §54-3-16(2).

Homestead laws are meant to protect a family residence. ingly, exempted property must cover the owner's home. There's also a size limitation of one acre inside an urban area and 160 acres in rural areas. Separate acreage limits exist for mineral lands.

CALIFORNIA: The legal rate of interest is 10% for consumers; the general usury limit for non-consumers is more than 5% greater than the Federal Reserve Bank of San Francisco's rate.

The government defines ?interest? as including charges such as fees, fines, penalties, or commissions. The criminal rate of interest makes it illegal for lenders to charge an interest rate of more than 60%. This rule applies to most lending products in Canada, including: Installment loans.

South Dakota interest rate laws generally defer to contract law. One exception is a 12 percent limit on judgments. Generally speaking, South Dakota's interest rate limit is 15 percent.

A usury interest rate is an interest rate deemed to be illegally high. To discourage predatory lending and promote economic activity, states may enact laws that set a ceiling on the interest rate that can be charged for certain types of debt. Interest rates above this ceiling are considered usury and are illegal.

There is no federal regulation on the maximum interest rate that your issuer can charge you, though each state has its own approach to limiting interest rates. State usury laws often dictate the highest interest rate that can be charged on loans, but these often don't apply to credit card loans.

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South Dakota Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion