South Dakota Codified Laws 44-4-5. Service of affidavit, undertaking, and notice of time and place of hearing on lienclaimant or agent–Return
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The person presenting the release from lien by undertaking shall serve a copy of the affidavit and undertaking, together with a notice designating the time when and the office where the application will be made for release of the lien, on the lien claimant or the lien claimant’s agent or attorney either personally in the manner provided for service of a summons or by certified mail not less than ten days before the time of the application. Return or affidavit of service or affidavit of mailing with postal receipt attached shall be filed with the officer having control and custody of the record of the lien.
Terms Used In South Dakota Codified Laws 44-4-5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Summons: Another word for subpoena used by the criminal justice system.
Source: SL 1966, ch 124, § 3; SL 2007, ch 253, § 1.