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Default Action Cover Sheet - B Form. This is a South Dakota form and can be use in Minnehaha Local County.
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Tags: Default Action Cover Sheet - B, 7, South Dakota Local County, Minnehaha
DEFAULT ACTION COVER SHEET - B
(for use per SDCL 15-6-54(d) as amended 7-1-04)
Anyone seeking a judgment on a collection must complete and sign this sheet. The sheet must
accompany the pleading.
1.
Is suit on file? _____ (must file)
2.
Is affidavit of default prepared and filed? _____ (must prepare and file)
3.
Is application/affidavit of disbursements prepared and filed with motion and affidavit of
default? _____ (may file under amendment to SDCL 15-6-54(d))
4.
Was any partial payment made on the debt? _____ Has the partial payment been
credited? _____
5.
Was collateral involved in the transaction? _____
collateral. __________
6.
Was the collateral repossessed? _____ Was the collateral sold? _____ What
proceeds resulted from the sale of the collateral? __________ Have the proceeds been
credited against the debt? _____
7.
Are you requesting pre-judgment interest? _____ Please state the amount and rate.
Amount __________ rate _____ Please include Form #8 or its equivalent.
8.
Is this an open account collection? _____ If yes, interest is limited to ten percent.
(Category B, SDCL 54-3-16; Scotland, etc. v. ABA, etc., 583 N.W.2d 834 (SD 1998)).
9.
Are you requesting attorney fees? _____ If so, please state the amount __________.
Was an attorney used in the prosecution of this claim? _____ Please include form #1 or
#8, and #4 or their equivalents. ONLY REGULATED LENDERS AS DEFINED BY
SDCL 54-3-14 MAY COLLECT ATTORNEYS FEES. (SEE SDCL 15-17-39 AND
SDCL 54-3-13.) Are you a regulated lender? _____ Please state type of lender or
assignment.______________________________________________________________
_______________________________________________________________________.
Please state the original value of
10.
Are you requesting taxation of disbursements and expenses at this time? _____ If so,
please state amounts and types. Service Fees Amount
_____________________
Clerk’s Fees – Amount
_____________________
Copying Costs – Amount
_____________________
Please include form #8 or its equivalent.
Dated ________________________ Plaintiff or attorney ____________________________
(2nd Circuit Default Judgment form #7, August, 2004)