2006 South Dakota Code - 36-21A-107 — Burden of proof as to fraud or conversion--Presumption when original actionwas contested by debtor.

     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.