54-4-71. Term of title loan--Renewal--Payment amounts--Deferred principal amount.
Any title loan shall be for an initial term of no more than one month but may be renewed for additional one-month periods. No title loan may be renewed more than four times except as provided in this section. Upon the fifth renewal of a title loan, and through the eighth renewal, the debtor shall make payment of at least ten percent of the original principal amount of the title loan, in addition to any finance charges that are due. If at any renewal requiring a principal reduction, the debtor has not made previous principal reductions adequate to satisfy the current required principal reduction, and the debtor does not pay at least ten percent of the original loan amount, the title lender may either declare the debtor in default or renew the title loan and defer the required principal payment for an additional period. However, no further finance charges may accrue or be earned against the principal amount so deferred. For purposes of this section, a renewal is any extension or continuation of a title loan for an additional period without any change to the title loan or its terms other than a reduction in principal. After the eighth renewal the title loan is due in full and no further finance charges or fees may accrue or be earned.
Source: SL 2006, ch 245, ยง13.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 04 - Money Lending Licenses
Section 54-4-36 - Definition of terms.
Section 54-4-37 - Entities exempt from chapter provisions.
Section 54-4-38 - Promulgation of rules.
Section 54-4-39 - Compliance with Title 53.
Section 54-4-41 - Rejection or acceptance of application by director.
Section 54-4-42 - Bond to be filed with application.
Section 54-4-44.2 - Motor vehicle purchase loan--Fees incident to extension of credit.
Section 54-4-44.3 - Consumer default--Fees incident to extension of credit.
Section 54-4-44.4 - Business-to-business lending exempt.
Section 54-4-45 - Duration of license--Renewal.
Section 54-4-46 - Transfer of license--Approval required for name change.
Section 54-4-47 - Location to be licensed--Change of location.
Section 54-4-47.1 - Remote work--Requirements.
Section 54-4-48 - Cease and desist order for practice not in conformity to requirements--Appeal.
Section 54-4-49 - Conditions, denial, nonrenewal, suspension, or revocation of license.
Section 54-4-50 - Injunction against licensee for violation.
Section 54-4-51 - Court-appointed receivership.
Section 54-4-52 - License required.
Section 54-4-53 - Deposit of funds.
Section 54-4-54 - Payment of annual tax--Exemption.
Section 54-4-55 - Exemption from other taxes.
Section 54-4-56 - Renewal of application--Tax information--Forms.
Section 54-4-58 - Information required in contract.
Section 54-4-59 - Property insurance required.
Section 54-4-60 - Purchase of insurance not condition to receive loan.
Section 54-4-61 - Copy provided to debtor.
Section 54-4-62 - Satisfaction of loan--Release of assignments.
Section 54-4-63 - Advertising.
Section 54-4-64 - Application of chapter.
Section 54-4-65 - Limitation on renewal, rollover, or flip of short-term consumer loan--Fee.
Section 54-4-66 - Maximum amount of payday loan--Violation as misdemeanor.
Section 54-4-68 - Appointment of resident agent for service of process--Notice.
Section 54-4-69 - Consent to be sued--Form.
Section 54-4-71 - Term of title loan--Renewal--Payment amounts--Deferred principal amount.
Section 54-4-73 - Debt cancellation contract defined.
Section 54-4-74 - Debt suspension contract defined.
Section 54-4-75 - Debt cancellation contracts and debt suspension contracts permitted.
Section 54-4-76 - Loans by unlicensed lenders uncollectible except for principal.
Section 54-4-77 - Debt collection--Prohibitions.
Section 54-4-77.1 - Exemptions not applicable to prohibited debt-collection tactics.
Section 54-4-79 - Contracts for collection and maintenance of records and processing of fees.
Section 54-4-80 - Sharing of information collected by director.
Section 54-4-81 - Attorney's fees recoverable if provided for in evidence of debt.