South Dakota Codified Laws
Chapter 03A - Consumer Installment Sales Contracts
Section 54-3A-11 - Delinquent installments--Notice of penalty to consumer.

54-3A-11. Delinquent installments--Notice of penalty to consumer.
If the buyer has not paid an installment on an installment sales contract on or before the tenth day after its due date, as originally scheduled or as deferred, the creditor, if he chooses to impose a penalty for the delinquency, shall before the due date of the next scheduled installment, mail or deliver to the buyer at his last known address a written notice informing the buyer:
(1)That the installment is delinquent;
(2)That a penalty has been or will be imposed pursuant to §54-3A-12, if that is the case, and the amount of such penalty;
(3)If the creditor agrees, that, in lieu of paying a delinquency penalty, the buyer may defer the delinquent installment or refinance the unpaid balance; and
(4)That, if the installment remains delinquent without being deferred or without a refinancing, the creditor may after thirty days, pursue his remedies pursuant to §54-3A-19.

Source: SL 1974, ch 305, §8; SL 1975, ch 299, §3; SL 1990, ch 30, §13.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 54 - Debtor and Creditor

Chapter 03A - Consumer Installment Sales Contracts

Section 54-3A-1 - Definition of terms.

Section 54-3A-2 - Items included in amount financed.

Section 54-3A-3 - Finance charges on installment sales contract.

Section 54-3A-5 - Additional charges allowed--Disclosure and explanation to consumer--Separate agreement.

Section 54-3A-6 - Commencement of term of obligation--Down payments.

Section 54-3A-7 - Modification of agreement to increase outstanding obligation prohibited--Exception.

Section 54-3A-8 - Rule for computing refund of charges on prepayment.

Section 54-3A-8.1 - Restriction on use of rule.

Section 54-3A-9 - Rebate of portion of finance charge on prepayment or refinancing--Exceptions.

Section 54-3A-10 - Rebate on acceleration of maturity.

Section 54-3A-11 - Delinquent installments--Notice of penalty to consumer.

Section 54-3A-12 - Imposition and collection of delinquency charge.

Section 54-3A-12.1 - Imposition and collection of returned check charge--Maximum.

Section 54-3A-14 - Unilateral deferral by creditor prohibited.

Section 54-3A-15 - Deferral agreement requirements.

Section 54-3A-16 - Deferral charge not collected on refinancing.

Section 54-3A-17 - Refinancing agreement--Rebate excluded.

Section 54-3A-18 - Refinancing agreement requirements.

Section 54-3A-19 - Creditor's remedies on delinquency.

Section 54-3A-20 - Debt forfeited for excessive charges--Costs and attorney fees.

Section 54-3A-21 - Limitation on action for excessive charges.

Section 54-3A-22 - Demand required before action for excessive charges.

Section 54-3A-23 - Proof of unintentional error.

Section 54-3A-24 - Promulgation of rules.

Section 54-3A-25 - Severability of provisions.