South Dakota Statutes
§ 36-21A-107 — Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.
If an applicant's judgment is by default, stipulation or consent, or if the action against the licensee was defended by a trustee in bankruptcy, the applicant has the burden of proving his cause of action for fraudulent, deceptive or dishonest practices or conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the alleged fraudulent, deceptive or dishonest practices or alleged conversion of trust funds.
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South Dakota § 36-21A-107 (Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1992, ch 273, § 107.
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