Section 54-13-11 - Notice of mediation meeting--Initial meeting--Exempt creditors--Waiver of right tomediate--Debt collection limitations. - South Dakota Statutes

54-13-11. Notice of mediation meeting--Initial meeting--Exempt creditors--Waiver of right to mediate--Debt collection limitations. Unless the borrower waives mediation, the director of the agriculture mediation program shall promptly send a mediation meeting notice to the borrower and to all creditors as defined in subdivision 54-13-1(5), setting a time and place for an initial mediation meeting between the borrower, the creditor or creditors, and a mediator. An initial mediation meeting shall be held within twenty-one days of the issuance of the mediation meeting notice. Any creditors of the borrower who are not included in the definition of creditor under subdivision 54-13-1(5) are exempt from the requirements of this section. Any borrower's failure to furnish timely information requested by the director of the agriculture mediation program constitutes a waiver of the right to mediate under this chapter. Also, the failure of the borrower and the borrower's spouse, unless excused by the initiating creditor, to attend all mediation meetings constitutes a waiver of the right to mediate under this chapter.
Any creditor subject to mandatory mediation under this chapter who receives notice pursuant to this section and who participates in all mediation sessions shall be treated as an initiating creditor and be subject to the same debt collection limitations as provided in § 54-13-10.

Source: SL 1988, ch 384, § 11; SL 1991, ch 394, § 9; SL 2001, ch 259, § 9.