36-21A-107. Burden of proof as to fraud or conversion--Presumption when original action was contested by debtor.
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/sd/title-36/chapter-36-21/36-21a-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If an applicant's judgment is by default, stipulation or consent, or if the action against the licensee was defended by a trustee in bankruptcy, the applicant has the burden of proving his cause of action for fraudulent, deceptive or dishonest practices or conversion of trust funds. Otherwise, the judgment creates a rebuttable presumption of the alleged fraudulent, deceptive or dishonest practices or alleged conversion of trust funds.