Section 21-51-12 - Removal of counterfeit lien--Filing of action. - South-dakota Statutes

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21-51-12. Removal of counterfeit lien--Filing of action. A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously recorded is counterfeit pursuant to chapter 22-11, may file an action in circuit court pursuant to § 20-9-33 or 20-9-34 to have the purported lien removed. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to fees, costs, or expenses allowed by those sections.

Source: SL 1998, ch 41, § 2.

State Codes and Statutes

Statutes > South-dakota > Title-21 > Chapter-51 > Statute-21-51-12

21-51-12. Removal of counterfeit lien--Filing of action. A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously recorded is counterfeit pursuant to chapter 22-11, may file an action in circuit court pursuant to § 20-9-33 or 20-9-34 to have the purported lien removed. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to fees, costs, or expenses allowed by those sections.

Source: SL 1998, ch 41, § 2.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-21 > Chapter-51 > Statute-21-51-12

21-51-12. Removal of counterfeit lien--Filing of action. A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously recorded is counterfeit pursuant to chapter 22-11, may file an action in circuit court pursuant to § 20-9-33 or 20-9-34 to have the purported lien removed. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to fees, costs, or expenses allowed by those sections.

Source: SL 1998, ch 41, § 2.