§ 36-21A-107 Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.

SD Codified L § 36-21A-107 (2019) (N/A)
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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.

Source: SL 1992, ch 273, § 107.