Any owner or seller of merchandise who is the victim of retail theft pursuant to § 22-30A-19.1 may make a written demand for the amount for which any person is liable pursuant to § 22-30A-19.1. Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that an act of retail theft was committed and shall approve the accusation before a written demand for payment is issued. The demand for payment shall be mailed by certified mail to the person from whom payment is demanded or served personally on the person from whom payment is demanded. Personal service shall be accomplished in the same manner as the service of a summons.
S.D. Codified Laws § 22-30A-19.3
Demand for payment by victim of retail theft
Applied in 1 court decision — leading case Fin-Ag, Inc. v. Pipestone Livestock Auction Market, Inc. (2008)
Most recently applied in Fin-Ag, Inc. v. Pipestone Livestock Auction Market, Inc. (June 2008)
Source: SL 1989, ch 199, § 3; SL 1997, ch 138, § 3; SL 2005, ch 120, § 74.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.