S.D. Admin. R. 12:20:01:04

Current through Register Vol. 51, page 67, December 16, 2024

Section 12:20:01:04 - Contents of request for mediation

The request for mediation must indicate if mediation is mandatory or voluntary and contain the following information:

(1) If filed by a creditor:

(a) The name, address, and telephone number of the creditor and the creditor's representative for service of notices;

(b) If possible, the names and positions of the creditor's representatives who plan to attend the mediation proceedings;

(c) The name, address, and telephone number of the debtor;

(d) The stated location of the real estate and location of chattel property or other collateral, including legal descriptions. If the debtor's property is under the control of a third party, the creditor shall list the same information, if available, for the third party;

(e) If mandatory, an affidavit that the debt meets the requirements of SDCL 54-13-10;

(f) An explanation of the nature of the conflict.

(2) If filed by a borrower:

(a) The name, address, and telephone number of the borrower;

(b) If possible, the name, address, and telephone number of each person who will accompany the borrower to the mediation proceedings;

(c) The name, address, and telephone number of the creditor or creditors;

(d) The location of the real estate and the location of chattel property or other collateral listed by creditor, including legal descriptions. If the property is under the control of a third party or parties, the name, address, and telephone number of each party shall be provided;

(e) An explanation of the nature of the conflict.

S.D. Admin. R. 12:20:01:04

15 SDR 20, effective 8/7/1988; 41 SDR 93, effective 12/2/2014.

General Authority: SDCL 54-13-2.

Law Implemented: SDCL 54-13-2.