Validating and Certifying an Affidavit of Collection to Collect Personal Property

Detailed Answer

When you need to collect personal property under South Dakota law, you can use an affidavit of collection to document that you’ve followed all statutory requirements. This procedure often applies to self-storage liens under SDCL 43-28-27 through 43-28-31 and to secured-party dispositions under UCC Article 9. Below are the key steps:

1. Identify the Applicable Statute

South Dakota’s self-storage lien law (SDCL 43-28-27 to 43-28-31) explains how storage facilities can reclaim or sell abandoned property. If you hold a security interest under the Uniform Commercial Code, refer to UCC Article 9 in SDCL 57A-9-101 et seq. For self-storage, see SDCL 43-28-27 and SDCL 43-28-31.

2. Draft the Affidavit

Your affidavit should include:

• Affiant’s full name, address, and capacity (lienholder or agent).
• Detailed description of the property (quantity, type, serial numbers).
• Date property was deemed abandoned or default occurred.
• Statement of compliance with notice requirements (notice date and method).
• Total costs incurred (storage fees, advertising, sale expenses).
• Declaration under oath that all facts are true.

3. Notarize the Affidavit

Sign the affidavit before a South Dakota notary public. The notary must administer an oath and affix their seal under SDCL 18-6-4. Notarization verifies your signature and the affidavit’s validity.

4. File or Record the Affidavit

For self-storage liens, file the notarized affidavit, the original storage lease, and any assignment documents with the county register of deeds within 10 days after the sale or disposition (SDCL 43-28-31). For secured-party dispositions under UCC Article 9, follow the filing requirements in SDCL 57A-9-517 when filing termination or related financing statements.

5. Serve Notice and Proceed

Send a written notice to the debtor’s last known address by certified mail. Under self-storage lien rules, provide at least 14 days’ notice (SDCL 43-28-29). Retain proof of mailing. Once the notice period expires, you may take possession or sell the property.

Following these steps ensures your affidavit of collection meets South Dakota’s validation and certification standards. Keep detailed records of every step and preserve copies of all filings and notices.

Disclaimer: This article provides general information for educational purposes and does not constitute legal advice. Consult a qualified attorney in South Dakota to address your specific situation.

Helpful Hints

• Review the full text of SDCL 43-28-27 through 43-28-31 for self-storage liens.
• Maintain a clear timeline of notices, defaults, and actions taken.
• Use a reputable notary to avoid defects in notarization.
• File or record documents promptly to meet statutory deadlines.
• Consult an attorney if the property or lien involves complex collateral or multiple parties.