54-3A-23. Proof of unintentional error.
The creditor shall have the burden of establishing by a preponderance of the evidence that the excess amount or other violation occurred as a result of an unintentional or bona fide error of computation.
Source: SL 1974, ch 305, ยง16.
Structure 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-6 - Commencement of term of obligation--Down payments.
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.