South Dakota Codified Laws
Chapter 13 - State Farm Mediation Board
Section 54-13-11 - Notice of initial mediation meeting--Exempt creditors--Waiver of right to mediate--Debt collection limitations.

54-13-11. Notice of initial mediation meeting--Exempt creditors--Waiver of right to mediate--Debt collection limitations.
Unless the borrower waives mediation, the director of the agricultural mediation program shall promptly send a mediation meeting notice to the borrower and to all creditors as defined in subdivision 54-13-1(5), setting a time and place for an initial mediation meeting between the borrower, the creditor or creditors, and a mediator. An initial mediation meeting shall be held within twenty-one days of the issuance of the mediation meeting notice. Any creditors of the borrower who are not included in the definition of creditor under subdivision 54-13-1(5) are exempt from the requirements of this section. Any borrower's failure to furnish timely information requested by the director of the agricultural mediation program constitutes a waiver of the right to mediate under this chapter. Also, the failure of the borrower and the borrower's spouse, unless excused by the initiating creditor, to attend all mediation meetings constitutes a waiver of the right to mediate under this chapter.
Any creditor subject to mandatory mediation under this chapter who receives notice pursuant to this section and who participates in all mediation sessions shall be treated as an initiating creditor and be subject to the same debt collection limitations as provided in §54-13-10.

Source: SL 1988, ch 384, §11; SL 1991, ch 394, §9; SL 2001, ch 259, §9; SL 2015, ch 203, §33.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 54 - Debtor and Creditor

Chapter 13 - State Farm Mediation Board

Section 54-13-1 - Definition of terms.

Section 54-13-2 - Agriculture mediation program--Purposes--Administration.

Section 54-13-4 - Staff services--Employment of director and other employees--Payment of expenses.

Section 54-13-5 - Responsibility for fees--Agricultural mediation operating fund created--Appropriation--Annual review--Disbursements.

Section 54-13-6 - Contracts with state agencies, nonprofit corporations, or individuals.

Section 54-13-7 - Assistance to borrower or creditor.

Section 54-13-9 - Notice to borrower and creditor of availability of financial preparation assistance.

Section 54-13-10 - Mandatory mediation--Requirements--Voluntary mediation.

Section 54-13-11 - Notice of initial mediation meeting--Exempt creditors--Waiver of right to mediate--Debt collection limitations.

Section 54-13-12 - Length of mediation period--Notice to borrower--Additional meetings.

Section 54-13-13 - Mediation of indebtedness requested by borrower--Procedure--Attendance at meetings not required.

Section 54-13-14 - State or federal time periods deemed to run concurrently.

Section 54-13-15 - Continuation of mediation--Expiration of mediation period--Agreement between borrower and creditors.

Section 54-13-16 - Statement of waiver or failure to reach agreement deemed release.

Section 54-13-17 - Time limitation on waiver by borrower.

Section 54-13-18 - Information regarding finances of borrowers and creditors not public records--Mediation meetings not open.

Section 54-13-19 - Other rights and duties, penalties, and actions not affected.

Section 54-13-20 - Mediator or ag finance counselor immunity from civil liability--Qualifications.