reglab/housing_qa huggingface dataset:
SD Codified L § 21-18-38 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-38 - Default judgment for adverse claimant--Trial of issues on adverse claim.

21-18-38. Default judgment for adverse claimant--Trial of issues on adverse claim.If no answer is made pursuant to §21-18-37, the claimant shall be entitled to default judgment as in ordinary cases of failure to answer.If issue be raised upon such claim, the court shall determine the order of trial and procedure at the commencement of the trial or upon motion of any party prior thereto. Source: SL 1909, ch 156, §15; RC 1919, §2468; SDC 1939 & Supp 1960, §37.2824.
SD Codified L § 21-18-39 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-39 - Judgment against garnishee on failure to answer.

21-18-39. Judgment against garnishee on failure to answer.If any garnishee, except the state, is summoned and fails to answer as required by this chapter, the court may render judgment against the garnishee for the amount of any judgment, including costs, which the plaintiff has recovered in the principal action, together with the costs of the garnishee action. Source: SL 1909, ch 156, §10; RC 1919, §2462; SDC 1939 & Supp 1960, §37.2817; SL 2016, ch 116, §14.
SD Codified L § 21-18-40 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-40 - Judgment not entered against state as garnishee--Summons of state operating as assignment.

21-18-40. Judgment not entered against state as garnishee--Summons of state operating as assignment.No judgment shall be entered against the State of South Dakota, nor shall any actual liability be incurred by the state in any garnishment proceeding. Any judgment entered against the principal defendant when the state is garnishee shall be paid only out of moneys due such principal defendant at the time of the service of the summons in garnishment and service of such summons on the state shall be of the same force and effect only as an assignment of the sum claimed or as much thereof as may be due the defendant from the state. Source: SL 1927, ch 135, §3; SDC 1939 & Supp 1960, §37.2817.
SD Codified L § 21-18-41 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-41 - Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.

21-18-41. Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.In all cases where judgment is obtained against the principal defendant and if in the opinion of the court in which the action is pending there are funds under the control of the state treasurer subject to garnishment, the court shall direct in its order or judgment that the state auditor shall issue his warrant for such part of the moneys in the state treasury which may be affected by said garnishment proceedings and the state auditor is hereby authorized upon the receipt of a certified copy of such judgment to issue his warrant for the amount specified in the judgment or such as may have been due to the principal defendant at the time of the service of the summons in garnishment. A certified copy of such judgment and order shall be served upon the principal defendant and the state auditor shall be authorized to issue his warrant as herein specified after ten days after the service of such order and the state auditor shall be thereby fully released from all liability on account of any irregularity or invalidity of the judgment against the principal defendant. Source: SL 1927, ch 135, §5; SDC 1939 & Supp 1960, §37.2818.
SD Codified L § 21-18-42 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-42 - Defense of garnishment proceedings by principal defendant--Grounds.

21-18-42. Defense of garnishment proceedings by principal defendant--Grounds.The principal defendant may in all cases by answer duly verified, to be served within thirty days from the service of the garnishee summons on him, defend the proceeding against any garnishee upon the ground that the indebtedness of the garnishee, or any property held by him, is exempt from execution against such defendant or for any other reason is not liable to garnishment; or upon any ground upon which a garnishee might defend the same; and may participate in the trial of any issue between the plaintiff and garnishee for the protection of his interests. Source: SL 1909, ch 156, §14; RC 1919, §2466; SDC 1939 & Supp 1960, §37.2820.
SD Codified L § 21-18-43 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-43 - Defense of action by garnishee.

21-18-43. Defense of action by garnishee.The garnishee may defend the defendant if the latter does not, but is under no obligation so to do. Source: SL 1909, ch 156, §14; RC 1919, §2466; SDC 1939 & Supp 1960, §37.2820; SL 2016, ch 116, §15.
SD Codified L § 21-18-44 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-44 - Garnishment proceedings deemed civil action--Procedural rules applicable.

21-18-44. Garnishment proceedings deemed civil action--Procedural rules applicable.The proceedings against a garnishee shall be deemed an action by the plaintiff against the garnishee and defendant as parties defendant, and all provisions of law relating to proceedings in civil actions at issue, including examination of the parties, amendments, and relief from default or proceedings taken and appeals and all provisions for enforcing judgments, shall be applicable thereto. Source: SL 1909, ch 156, §15; RC 1919, §2468; Supreme Court Rule 590, 1939; SDC 1939 & Supp 1960, §37.2823.
SD Codified L § 21-18-46 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-46 - Right to jury trial in garnishment proceedings.

21-18-46. Right to jury trial in garnishment proceedings.Any party to an issue in the garnishment proceeding shall be entitled to a jury trial in all cases where jury trials are allowed in ordinary civil actions. Source: SDC 1939 & Supp 1960, §37.2824.
SD Codified L § 21-18-47 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-47 - Terms of judgment on garnishment proceedings--Orders for sale or disposition of property.

21-18-47. Terms of judgment on garnishment proceedings--Orders for sale or disposition of property.The court shall render such judgment in all cases as shall be just to all the parties, and properly protect their respective interests, and may adjudge the recovery of an indebtedness, the conveyance, transfer, or delivery to the sheriff, or any officer appointed by the judgment, of any real estate or personal property disclosed or found to be liable to be applied to the plaintiff's demand, or by the judgment pass the title thereto; and may therein or by its order, when proper, direct the manner of making sale and disposing of the proceeds thereof, or of any money or other thing paid over or delivered to the clerk or officer. Source: SL 1909, ch 156, §15; RC 1919, §2468; SDC 1939 & Supp 1960, §37.2825.
SD Codified L § 21-18-48 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-48 - Judgment against garnishee as discharge of liability to defendant.

21-18-48. Judgment against garnishee as discharge of liability to defendant.The judgment against a garnishee shall acquit and discharge him from all demands by the defendant, or his representative, for all money, goods, effects, or credits paid, delivered, or accounted for by the garnishee by force of such judgment. Source: SL 1909, ch 156, §15; RC 1919, §2468; SDC 1939 & Supp 1960, §37.2825.
SD Codified L § 21-18-49 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-49 - Costs awarded in garnishment action.

21-18-49. Costs awarded in garnishment action.In case of the trial of an issue between the plaintiff and any garnishee, costs are awarded to the plaintiff and against the garnishee in addition to the garnishee's liability if the plaintiff recovers more than the garnishee admitted by the garnishee's answer; and if the plaintiff does not, the garnishee shall recover costs of the plaintiff. In all other cases under this chapter not expressly provided for, the court may award costs in favor of or against any party in its discretion. When no issue is tried the costs of the garnishee action shall be taxed for the plaintiff in the garnishment action. Source: SL 1909, ch 156, §21; RC 1919, §2474; SDC 1939, §37.2826; SL 1947, ch 174; SL 2016, ch 116, §16.
SD Codified L § 21-18-50 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-50 - Storage and maintenance expenses allowed to garnishee--Possessory lien.

21-18-50. Storage and maintenance expenses allowed to garnishee--Possessory lien.In all cases the garnishee shall be allowed the reasonable cost of the warehousing, storing, care, or keep of the property garnished in the hands of the garnishee. And the garnishee shall have a possessory lien on the property garnished until the same is paid. Source: SDC 1939, §37.2826 as added by SL 1947, ch 174.
SD Codified L § 21-18-51 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-51 - Maximum amount subject to garnishment.

21-18-51.Maximum amount subject to garnishment.The maximum part of the aggregate disposable earnings of a wage earner for any workweek which is subject to garnishment may not exceed the lesser of:(1)Twenty percent of disposable earnings for that week;(2)The amount by which disposable earnings for that week exceed forty times the federal minimum hourly wage prescribed by 29 U.S. C. 206(a)(1) as amended and in effect on July 24, 2009, or applicable state minimum wage if greater, or any equivalent multiple thereof prescribed by regulation by the secretary of labor and regulation in case of earnings for any pay period other than a week, in effect at the time the earnings are payable less twenty-five dollars per week for each dependent family member residing with the garnishment debtor other than the garnishment debtor himself or herself.The restrictions of subdivisions (1) and (2) do not apply in the case of any order of any court for the support of any person or any order of any court of bankruptcy under Title 11 of the United States Code. Source: SL 1989, ch 189, §1; SL 1990, ch 157, §10; SL 1991, ch 366, §2; SL 1993, ch 171; SL 1997, ch 124, §1; SL 1998, ch 127, §1; SL 2009, ch 111, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2016, ch 116, §17.
SD Codified L § 21-18-52 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-52 - Maximum garnishment allowed for support of any person.

21-18-52. Maximum garnishment allowed for support of any person.The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment to enforce any order for the support of any person may not exceed:(1)If the individual is supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is used, fifty percent of the individual's disposable earnings for that week; and(2)If the individual is not supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is used, sixty percent of the individual's disposable earnings for that week;except that with respect to the disposable earnings of any individual for any workweek, the fifty percent specified in subdivision (1) shall be deemed to be fifty-five percent and the sixty percent specified in subdivision (2) shall be deemed to be sixty-five percent, if and to the extent that the earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve week period which ends with the beginning of the workweek.No court of this state may make, execute, or enforce any order or process in violation of this section. Source: SL 1989, ch 189, §2.
SD Codified L § 21-18-53 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-53 - Extent of debtor exemption.

21-18-53. Extent of debtor exemption.The earnings of a debtor are exempt from process or levy only to the extent provided in §§21-18-51 and 21-18-52. Source: SL 1990, ch 157, §5.
SD Codified L § 21-19-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-1 - Definition of terms.

21-19-1. Definition of terms.As used in this chapter unless the context otherwise plainly requires:(1)"Absolute exemptions" means property which, under chapters 43-31 and 43-45, is absolutely exempt from levy;(2)"Additional exemptions" means additional property which may be claimed as exempt under chapter 43-45;(3)"Claim" means a claim of exemptions as provided in this chapter;(4)"Claimant" means a debtor or a dependent of debtor making claim of exemptions;(5)"Court" means the court wherein the action is brought in which action the levy is made;(6)"Creditor" means a person for whose benefit any such process is used;(7)"Debtor" means a person on whose property levy has been made;(8)"Levy" means any garnishment, attachment, or any seizure or levy whatsoever under execution or any other judicial process for the purpose of satisfying or securing the claim or demand of a creditor;(9)"Officer" means a person making such levy;(10)"Property" means any property whether real, personal, or mixed. Source: SDC 1939 & Supp 1960, §37.4901.
SD Codified L § 21-19-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-2 - Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit.

21-19-2. Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit.No levy shall be made on any homestead to reach the valuation thereof in excess of the homestead exemption set by subdivision 43-45-3(2), whether on attachment, execution, or other process, except as provided in this section. In the event the creditor claims such valuation exceeds such exemption he shall deliver to the officer holding the process, an affidavit, by himself or his attorney, setting forth the legal description of such homestead if real property, or the descriptive data contained on the certificate of title if a mobile home, the claim as to valuation thereof, and all encumbrances according to the affiant's best knowledge, information, and belief. If it appears from such affidavit that the value of debtor's equity exceeds such homestead exemption, the officer must file in the office of the register of deeds of the county where the homestead is situated, a notice of levy on such homestead with the said affidavit attached thereto, which notice and affidavit shall be duly recorded and shall be forthwith served upon the debtor in the same manner as provided by this code as to other notices. From the time of such filing and such service, such notice shall be effective as a levy only on the excess over and above the homestead exemption. Source: SDC 1939, §37.4914; SL 1957, ch 186, §4; SL 1972, ch 233, §2; SL 1977, ch 185, §1; SL 1978, ch 156, §1.
SD Codified L § 21-19-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-3 - Notice of levy on property--Contents--Statement as to claim of exemptions.

21-19-3. Notice of levy on property--Contents--Statement as to claim of exemptions.A notice of levy may be given by the creditor or the officer and shall set forth:(1)A brief description of the process under which the levy was made, with the names of the parties to the action;(2)The date of the levy and the name and official designation of the officer making the levy;(3)A list of the property on which the levy was made;(4)A statement that the debtor, within five days after service of the notice or within eight days after actual mailing thereof in the event of service by registered or certified mail, may claim exemptions allowed by law in addition to his absolute exemptions and that any dependent of a debtor may make such claim within five days after expiration of the period within which the debtor may make such claim, and that unless such debtor or such dependent makes such claim within such time, such failure to make such claim except as otherwise specifically provided by law, will be deemed a waiver of such additional exemptions. Source: CCivP 1877, §331; CL 1887, §5135; SL 1893, ch 19; RCCivP 1903, §360; RC 1919, §2667; SDC 1939 & Supp 1960, §37.4902.
SD Codified L § 21-19-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-4 - Service on debtor of notice of levy.

21-19-4. Service on debtor of notice of levy.Notice of levy under §21-19-3 may be served upon the debtor or his attorney, or if the debtor is not represented by an attorney of record in the action or proceeding and if the debtor cannot be found within the county where the action or proceeding is pending, the notice may be served on the debtor by registered or certified mail addressed to the debtor's last known post office address. Source: CCivP 1877, §331; CL 1887, §5135; SL 1893, ch 19; RCCivP 1903, §360; RC 1919, §2667; SDC 1939 & Supp 1960, §37.4902.
SD Codified L § 21-19-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-5 - Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.

21-19-5. Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.The notice of levy provided by §21-19-3 shall not be essential to the validity of any levy, and any levy made without giving such notice shall be valid and shall have full force and effect except as otherwise specifically provided in this section, but the time in which a debtor or any dependent of a debtor may make claim of exemptions as provided in §21-19-9, shall not commence to run unless and until such notice is given, and in the absence of such notice such claim may be made by such debtor or dependent at any time within ninety days of actual knowledge of such levy, or thereafter by permission of the court, if the court finds there was reasonable excuse for not making such claim within such ninety days. In the event any such claim is made in a case where no notice has been given under §21-19-3 the court must require any property set aside to the debtor as exempt or its fair value to be restored by the creditor to the debtor. Source: CCivP 1877, §331; CL 1887, §5135; SL 1893, ch 19; RCCivP 1903, §360; RC 1919, §2667; SDC 1939 & Supp 1960, §37.4902.
SD Codified L § 21-19-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-6 - Court order for substitute method of making service.

21-19-6. Court order for substitute method of making service.In any case when it fairly appears upon application to the court that it is not practicable or feasible to make service of any notice or paper on any creditor or debtor in the manner provided in this chapter, the court may make an order directing that some other manner or method of making such service be used, the method or manner so fixed to be such as the court determines and which will be most likely under the circumstances to give effective notice to the party to be served. Source: SDC 1939 & Supp 1960, §37.4913.
SD Codified L § 21-19-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-7 - Retention of property levied after notice to debtor.

21-19-7. Retention of property levied after notice to debtor.Except as provided in §§21-19-8 and 21-19-17 the officer must retain in his possession all money and property levied upon for at least fifteen days after notice to the debtor of the levy. Source: SDC 1939 & Supp 1960, §37.4910.
SD Codified L § 21-19-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-8 - Sale of perishable property seized--Retention of proceeds.

21-19-8. Sale of perishable property seized--Retention of proceeds.As to perishable property either the creditor, the debtor, or the officer may make application to the court for an order for the immediate sale thereof, the procedure on such sale to be as directed by the court. If such sale of perishable property is made, the proceeds thereof must be retained by such officer until the expiration of fifteen days from the date of notice of such levy. Source: SDC 1939 & Supp 1960, §37.4910.
SD Codified L § 21-19-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-9 - Time allowed for claim of exemptions--Claim by debtor's dependent.

21-19-9. Time allowed for claim of exemptions--Claim by debtor's dependent.Whenever a debtor upon whose property a levy has been made desires to claim as exempt any of such property, he may do so at any time after the levy and within five days after notice of such levy; or within eight days after actual mailing of such notice when the service is by registered or certified mail. Such claim shall be made by filing the same with the court and service upon the creditor and officer. If the debtor does not make such claim within such time, any dependent of debtor may make such claim within five days after expiration of the period within which the debtor may make such claim. Source: CCivP 1877, §§326, 329; SL 1885, ch 55, §1; CL 1887, §§5130, 5133; RCCivP 1903, §§355, 358; RC 1919, §§2662, 2665; SDC 1939 & Supp 1960, §37.4903.