South Dakota § 20-5-5 - Place of offer of performance.
Full text of South Dakota South Dakota Codified Laws § 20-5-5 — Place of offer of performance., with citation guidance and answers to common questions.
§ 20-5-5. Place of offer of performance.
In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:
(1) At any place appointed by the creditor;
(2) Wherever the person to whom the offer ought to be made can be found;
(3) If such person cannot, with reasonable diligence, be found within this state, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the state; or
(4) If this cannot be done, then at any place within the state.
Source: CivC 1877, § 838; CL 1887, § 3462; RCivC 1903, § 1155; RC 1919, § 762; SDC 1939, § 47.0213.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 20-5-5
What does South Dakota Codified Laws § 20-5-5 cover?
Section 20-5-5 ("Place of offer of performance.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 20-5-5?
A common citation format is "South Dakota Codified Laws § 20-5-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 20-5-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.