South Dakota Codified Laws
Chapter 17 - Recovery Of Disbursements
Section 15-17-39 - Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.

15-17-39. Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.
Any provision contained in any note, bond, mortgage, or other evidence of debt that provides for payment of attorneys' fees in case of default of payment or foreclosure is against public policy and void, except as authorized by specific statute.

Source: SL 1992, ch 148, ยง4; SL 1993, ch 165.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 17 - Recovery Of Disbursements

Section 15-17-16.1 - Imposition of costs and attorneys' fees on grant of mistrial.

Section 15-17-36 - Costs not an indemnity--Disbursements.

Section 15-17-37 - Prevailing party recovery--Taxation.

Section 15-17-37.1 - Interpreter or translator services--Payment.

Section 15-17-38 - Award of attorneys' fees--Taxed as disbursements.

Section 15-17-39 - Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.

Section 15-17-40 - Recovery limited.

Section 15-17-41 - Disbursements taxed against multiple parties.

Section 15-17-42 - Application of chapter.

Section 15-17-43 - Attorneys' fees allowable in hearing contesting validity of taxation of disbursements.

Section 15-17-44 - Taxation of disbursements--Discretion of court.

Section 15-17-45 - Reimbursement of plaintiff in action to recover funds misappropriated by public official.

Section 15-17-46 - Plaintiff's lien on recovery in taxpayer's action.

Section 15-17-47 - Judgment against surety where security for disbursements given.

Section 15-17-48 - Disbursements awarded against infant.

Section 15-17-49 - Disbursement against personal representative or trustee of express trust.

Section 15-17-50 - Expenses of requiring jury to report--Apportionment.

Section 15-17-51 - Liability of party for frivolous or malicious action.

Section 15-17-51.1 - Inmate financial responsibility for state's costs incurred from abuse of court system.

Section 15-17-51.2 - Inmate or prisoner financial responsibility for costs incurred by county from abuse of court system.

Section 15-17-52 - Limit of taxation of disbursements.

Section 15-17-53 - Reduction or disallowance of disbursements for hardship.

Section 15-17-54 - New trial--Taxation of disbursements.

Section 15-17-55 - Reversal upon appeal--Taxation of disbursements.

Section 15-17-56 - Disbursements taxed by party not prevailing on appeal--Discretion of court.

Section 15-17-57 - Disbursements taxed when appeal affirmed in part and reversed in part--Discretion of court.

Section 15-17-58 - Reconsideration of disbursements upon Supreme Court ruling--Discretion of court.

Section 15-17-59 - Dismissal for lack of jurisdiction--Disbursements.

Section 15-17-60 - Disbursements caused by postponement of trial.