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South Dakota Statutes

§ 15-17-39 — Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.

South Dakota § 15-17-39
JurisdictionSouth Dakota
Title 15CIVIL PROCEDURE
Ch. 15-16ARECOVERY OF DISBURSEMENTS

This text of South Dakota § 15-17-39 (Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 15-17-39 (2026).

Text

Any provision contained in any note, bond, mortgage, or other evidence of debt that provides for payment of attorneys' fees in case of default of payment or foreclosure is against public policy and void, except as authorized by specific statute.

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Related

Credit Collection Services, Inc. v. Pesicka
2006 SD 81 (South Dakota Supreme Court, 2006)
27 case citations
Vanderwerff Implement, Inc. v. McCance
1997 SD 32 (South Dakota Supreme Court, 1997)
12 case citations
Orion Financial Corp. of South Dakota v. American Foods Group, Inc.
281 F.3d 733 (Eighth Circuit, 2002)
3 case citations
Vanderwerff Imp. Inc. v. McCance
1997 SD 32 (South Dakota Supreme Court, 1997)
Orion Financial Corp. Of South Dakota, a South Dakota Corporation v. American Foods Group, Inc., a Delaware Corporation, Orion Financial Corp. Of South Dakota, a South Dakota Corporation v. American Foods Group, Inc., a Delaware Corporation
281 F.3d 733 (Eighth Circuit, 2002)

Legislative History

SL 1992, ch 148, § 4; SL 1993, ch 165.

Nearby Sections

15
§ 15-1-1
Definition of terms.
§ 15-1-2
Civil and criminal remedies not merged.
§ 15-1-3
Time during which action is pending.
§ 15-1-4
Procedure for acquiring signature of judge when no judge available.
§ 15-10-1
Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
§ 15-10-10
Expungement of notice of pendency--Costs on grant or denial of motion.
§ 15-10-11
Expungement provisions, liability unaffected by.
§ 15-10-2
Action pending from time of notice--Time allowed for service of summons.
§ 15-10-3
Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.
§ 15-10-4
Discharge of notice of pendency of action--Contents, acknowledgment and recording.
§ 15-10-5
Repealed
§ 15-10-6
Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.
§ 15-10-7
Expungement of notice of pendency upon motion therefor--Undertaking.
§ 15-10-8
Expungement of notice of pendency--Notice of motion--Proof considered.
§ 15-10-9
Expungement of notice of pendency--Effect.
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Bluebook (online)
South Dakota § 15-17-39, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/15-17-39.