South Dakota Release of Judgment Lien - By Creditor

State:
Multi-State
Control #:
US-OG-1112
Format:
Word; 
Rich Text
Instant download

Description

This form is a release of judgment lien by creditor.

How to fill out Release Of Judgment Lien - By Creditor?

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FAQ

Debt collectors have a certain number of years they can sue you and win to collect a debt. It's called the statute of limitations and it usually begins when you fail to make a payment on a debt. In South Dakota, the statute of limitations is six years.

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.

§ 15-35-810. A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7.

A writ of execution may be requested from the court once a civil lawsuit has been won in Civil Court or Small Claims Court. Once a party has been awarded a judgment, an execution grants the Sheriff's Office power to attempt to collect the money owed.

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).

SOUTH DAKOTA A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7. A judgment may be renewed for an additional period of ten years.

The details of this arrangement (e.g. the precise interest, whether the interest is simple or compound, etc) will depend on what jurisdiction your case is in. In California, for example, post-judgment interest is 10% simple per year, as specified in California Code of Civil Procedure section 685.010(a).

It is the responsibility of the lienholder to execute a release within 20 days after final payment is received. The lienholder shall mail or deliver the release to the owner. The certificate of title and lien release shall be forwarded by the owner to any county treasurer. No fee is assessed for the release of a lien.

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South Dakota Release of Judgment Lien - By Creditor