There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-30A-37 — Circumstances under which maker, drawer, or issuer not criminally or civilly liablefor damages and costs.
22-30A-37. Circumstances under which maker, drawer, or issuer not criminally or civilly liable for damages and costs. The maker, drawer, or issuer is not criminally liable or civilly liable for damages and costs specified in this chapter if:
(1) The account contained sufficient funds
or credit to cover the check, draft, or order at the time the
check, draft, or order was issued, plus all other checks, drafts,
and orders on the account then outstanding and unpaid;
or
(2) The check, draft, or order was not
paid because a paycheck, deposited in the account in an amount
sufficient to cover the check, draft, or order, was not paid upon
presentation; or
(3) Funds sufficient to cover the check,
draft, or order were garnished, attached, or setoff, and the maker,
drawer, or issuer had no notice of such garnishment, attachment, or
setoff at the time the check, draft, or order was issued;
or
(4) The maker of the check, draft, or
order was not competent or of full age to enter into a legal
contractual obligation at the time the check, draft, or order was
issued; or
(5) The making of the check, draft, or
order was induced by fraud or duress; or
(6) The transaction which gave rise to the
obligation for which the check, draft, or order was given lacked
consideration or was illegal.
Source: SL 2005, ch 120, § 445.
Source: SL 2005, ch 120, § 445.
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