2005 Session Laws Chapter 294

IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-39-76.1 RULE 05-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

A hearing was held on February 17, 2005, at Pierre, South Dakota, relating to the amendment of SDCL 15-39-76.1, and the Court having considered the proposed amendment, the correspondence and oral presentations relating thereto, if any, and being fully advised in the premises, now, therefore, it is

ORDERED that SDCL 15-39-76.1 be and it is hereby amended to read in its entirety as follows:

15-39-76.1. Notice of payment of judgment. The lienholder shall notify the clerk upon full payment of the judgment, and the clerk shall satisfy the judgment at no charge to the parties involved. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the lien holder, the court shall issue an order to show cause requiring the lien holder appear and show cause why the judgment should not be satisfied.

STATE OF SOUTH DAKOTA     )                IN CIRCUIT COURT
                     :ss            ________ JUDICIAL CIRCUIT
COUNTY OF _____________     )             SMALL CLAIMS COURT
                                 SC Docket No. _________

________________________________     )
Plaintiff,            ) AFFIDAVIT
                            ) CLAIMING PAYMENT
vs.                            ) OF SMALL CLAIMS
                            )         JUDGMENT
________________________________        )
            Defendant.            )

State of South Dakota )
:ss

______________________________, being first duly sworn on oath deposes and states that he/she is the defendant in the above entitled small claims case which resulted in a judgment against him/her in the sum of $____________ entered on __________________ and that he/she has paid the judgment and any applicable costs or interest awarded against him/her in full but that the plaintiff has failed or refused to satisfy the judgment of record despite request.

Affiant further states he/she made payment on the following date: _______________ in the following manner (please explain in detail the circumstances of payment and attach copies of any supporting documents):

___________________________________________________________________________

    Dated this ______ day of ______________________, __________.
    (Sign form and provide your        _______________________________         current and complete mailing        _______________________________
    address and phone number)        ________________________________
                        ________________________________

Subscribed and sworn to before me this _____ day of _______________, ________.

                        ________________________________
                        Notary Public
                        My Commission Expires:____________

Based upon the foregoing affidavit it appears that this judgment may have been paid in full but that you have failed or refused to satisfy it of record in violation of SDCL § 15-39-76.1;

Now therefore, YOU ARE HEREBY ORDERED to satisfy this judgment of record with the clerk of this court or to appear before this court in the court room of the courthouse in the City of _________ at ___ o'clock __m. on the ___ day of ________, 20 ___ to show cause, if any you have, why the said judgment should not be ordered satisfied of record by this court.

BY THE COURT

                            ________________________
ATTEST _____________________            Judge
        Clerk of Courts

Being first duly sworn on oath, I swear or affirm that on the _____ day of ________________, 20 ___, I served a true and correct copy of the “Affidavit Claiming Payment of Small Claims Judgment” and “Order to Show Cause” in the above captioned matter, by United States mail, first class, postage prepaid, upon:

____________________________________________________

____________________________________
Signature

Subscribed and sworn to before me this _____ day of _______________________, 20___.

                        _______________________________________
                        Notary Public
                        My commission expires: ___________________