South Dakota § 20-5-5 Place of offer of performance.

South Dakota Statutes

§ 20-5-5 — Place of offer of performance.

South Dakota § 20-5-5

Title 20PERSONAL RIGHTS AND OBLIGATIONS

Ch. 20-5OFFER OF PERFORMANCE OF OBLIGATIONS

This text of South Dakota § 20-5-5 (Place of offer of performance.) 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 § 20-5-5 (2026).

Text

In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:

(1)At any place appointed by the creditor;

(2)Wherever the person to whom the offer ought to be made can be found;

(3)If such person cannot, with reasonable diligence, be found within this state, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the state; or (4) If this cannot be done, then at any place within the state.

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In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor: (1) At any place appointed by the creditor; (2) Wherever the person to whom the offer ought to be made can be found; (3) If such person cannot, with reasonable diligence, be found within this state, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the state; or (4) If this cannot be done, then at any place within the state.