reglab/housing_qa huggingface dataset:
SD Codified L § 21-18-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-11 - Time and manner of service of summons, affidavit, and garnishment disclosure--Return--Payment or retention of property by garnishee.

21-18-11. Time and manner of service of summons, affidavit, and garnishment disclosure--Return--Payment or retention of property by garnishee.Such garnishee summons, affidavit, and garnishment disclosure may be served by certified mail, return receipt requested, or personally by the sheriff of the county where any garnishee or defendant may be found, or by any other person not a party to the action. The person subscribing such garnishee summons may, at his option, by an endorsement thereon fix a time for the service thereof, and the service shall then be made accordingly. The service shall be made and the same returned, with proof of the service, to the person whose name is subscribed thereto, with reasonable diligence. If, after reasonable diligence, service by certified mail or personal service by the sheriff is unsuccessful within the time period provided for in §21-18-10, the plaintiff may file an affidavit stating that fact and may serve such garnishee summons, affidavit, and garnishment disclosure on the defendant by mailing a copy of the documents, together with a copy to the garnishee, to the defendant's last known address by registered mail. The garnishee may proceed by complying with either §21-18-32 or 21-18-33 and, by such compliance, is exonerated from any further liability to any party to the garnishment. Source: SDC 1939, §37.2804; SL 1959, ch 238; SL 1988, ch 182, §4; SL 2009, ch 109, §1; SL 2016, ch 116, §7.
SD Codified L § 21-18-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-12 - Liability of garnishee to plaintiff after service of summons.

21-18-12. Liability of garnishee to plaintiff after service of summons.From the time of the service of the summons upon the garnishee, the garnishee is liable to the plaintiff to the amount of the property, money, credits, and effects in the garnishee's possession or under the garnishee's control belonging to the defendant, or in which the garnishee is interested, to the extent of the garnishee's right or interest therein, and of all debts due to the defendant, except such as may be by law exempt from execution. Source: SL 1909, ch 156, §17; RC 1919, §2470; SDC 1939 & Supp 1960, §37.2807; SL 2016, ch 116, §8.
SD Codified L § 21-18-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-13 - Property held under void title included in garnishee's liability.

21-18-13. Property held under void title included in garnishee's liability.Any property, moneys, credits, and effects held by a conveyance or title void as to the creditors of the defendant shall be embraced in the liability provided by §21-18-12. Source: SL 1909, ch 156, §17; RC 1919, §2470; SDC 1939 & Supp 1960, §37.2807.
SD Codified L § 21-18-14.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-14.1 - Continuing lien on wages--Caption of garnishee summons--Disclosure forms.

21-18-14.1. Continuing lien on wages--Caption of garnishee summons--Disclosure forms.The plaintiff may obtain a one hundred twenty-day continuing lien on wages by garnishment. If a lien is to be obtained, the plaintiff shall mark on the caption of the garnishee summons "continuing lien" and all disclosure forms shall include the following:Garnishee will continue to withhold the nonexempt portion of the defendant's earnings as they accrue through the last payroll period ending on or before one hundred twenty days from the effective date of the garnishee summons, or until the sum held equals the amount stated in the garnishee summons, or until the employment relationship terminates, whichever first occurs.At the time of the expected termination of the lien, the plaintiff shall mail to garnishee an additional copy of the disclosure form upon which the garnishee within ten days shall make further disclosure. Source: SL 1988, ch 182, §7; SL 2010, ch 111, §1; SL 2016, ch 116, §9.
SD Codified L § 21-18-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-15 - Judgment not rendered on garnishee's liability on negotiable instrument.

21-18-15. Judgment not rendered on garnishee's liability on negotiable instrument.No judgment shall be rendered upon a liability of the garnishee arising by reason of his having drawn, accepted, made, endorsed, or guaranteed any negotiable bill, draft, note, or other security. Source: SL 1909, ch 156, §18; RC 1919, §2471; SL 1925, ch 183; SDC 1939 & Supp 1960, §37.2819 (1).
SD Codified L § 21-18-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-16 - Judgment not rendered on foreign corporation's liability paid by negotiable instrument.

21-18-16. Judgment not rendered on foreign corporation's liability paid by negotiable instrument.No judgment shall be rendered upon a liability of the garnishee arising by reason of any money or indebtedness due and owing to the principal defendant from a foreign corporation, which such corporation shall have paid, or for which it shall have issued its negotiable check, draft, or bill of exchange, prior to actual notice to said corporation of service of summons in garnishment. Source: SL 1925, ch 183; SDC 1939 & Supp 1960, §37.2819 (5).
SD Codified L § 21-18-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-17 - Judgment not rendered on carrier's liability for property in interstate commerce.

21-18-17. Judgment not rendered on carrier's liability for property in interstate commerce.No judgment shall be rendered upon a liability of the garnishee arising by reason of any property in the possession of any common carrier when such property was at the time of service of the garnishee summons and affidavit actually in transit in interstate commerce, provided that such transit in interstate commerce shall not be deemed to have commenced until property has actually left the initial billing station. Source: SL 1925, ch 183; SDC 1939 & Supp 1960, §37.2819 (6).
SD Codified L § 21-18-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-18 - Judgment not rendered against officer for property collected on legal process.

21-18-18. Judgment not rendered against officer for property collected on legal process.No judgment shall be rendered upon a liability of the garnishee arising by reason of any money or other thing received or collected by him as sheriff, or other officer, by force of an execution or other legal process in favor of the defendant. Source: SL 1909, ch 156, §18; RC 1919, §2471; SL 1925, ch 183; SDC 1939 & Supp 1960, §37.2819 (2).
SD Codified L § 21-18-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-19 - Judgment not rendered on money accountable by public officer.

21-18-19. Judgment not rendered on money accountable by public officer.No judgment shall be rendered upon a liability of the garnishee arising by reason of any money in his hands as a public officer and for which he is accountable to the defendant merely as such officer. Source: SL 1909, ch 156, §18; RC 1919, §2471; SL 1925, ch 183; SDC 1939 & Supp 1960, §37.2819 (3).
SD Codified L § 21-18-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-23 - Partial release of garnished funds on application by defendant.

21-18-23. Partial release of garnished funds on application by defendant.The principal defendant may upon order to show cause, apply to the court in which the garnishment proceedings are pending for an order releasing such part of the funds as the court shall direct without waiting for the disposition of the action on its merits, and upon receipt of such certified copy of the order the garnishee defendant may pay over the amount authorized thereby without the necessity of waiting for the time of appeal to expire. Source: SL 1927, ch 135, §4; SDC 1939 & Supp 1960, §37.2809.
SD Codified L § 21-18-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-24 - Subsequent proceedings against additional or discharged garnishees--Summons and trial in other counties.

21-18-24. Subsequent proceedings against additional or discharged garnishees--Summons and trial in other counties.The plaintiff may in like manner subsequently proceed within the period limited against other garnishees, or against the same garnishees after they shall have once been discharged, upon a new affidavit, if he shall have reason to believe they have subsequently become liable; and he may summon garnishees resident in other counties than that in which the action is pending; but if an issue for trial shall be joined between the plaintiff and such garnishee, the court may on motion change the place of trial of such issue to the county of the garnishee's residence. Source: SL 1909, ch 156, §6; RC 1919, §2458; SDC 1939 & Supp 1960, §37.2810.
SD Codified L § 21-18-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-25 - Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings.

21-18-25. Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings.No action shall be commenced by the defendant or his assignee against a garnishee upon any claim or demand liable to garnishment, or to recover any property garnished, nor execution be issued upon a judgment in favor of the defendant against such garnishee subsequent to the service of the garnishee summons upon him, until the termination of the garnishee action; and, if an action shall have been commenced or an execution issued, it shall be stayed by the court or a judge thereof upon the garnishee's application, except that upon cause shown, the court or judge may by order permit the commencement of such an action, or the issuing of an execution, or the further prosecution of one stayed. Source: SL 1909, ch 156, §19; RC 1919, §2472; SDC 1939 & Supp 1960, §37.2822.
SD Codified L § 21-18-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-26 - Garnishee's affidavit denying liability--Form.

21-18-26. Garnishee's affidavit denying liability--Form.Within thirty days from the service of such garnishee summons the garnishee may, if the truth warrants, file with the clerk of the court in which the action is pending, and serve a copy thereof upon the plaintiff, his affidavit in substantially the following form: State of South Dakota,County of __________ ss.________ CourtA. B., Plaintiff,vs.C. D., Defendant,E. F., Garnishee.E. F., being duly sworn, says that on the ____ day of ________, 20____, he was served with a garnishee summons in the above entitled action; that he was then in no manner and upon no account whatever indebted or under liability to the defendant (naming him), and that he then had in his possession or under his control, no real estate and no personal property, effects, or credits of any description whatever, belonging to said defendant or in which he had any interest; and is in no manner liable as garnishee in this action.___________________________Subscribed and sworn to before me this ____ day of ________, 20____. Source: SL 1909, ch 156, §8; RC 1919, §2460; Supreme Court Rule 588, 1939; SDC 1939 & Supp 1960, §37.2811.
SD Codified L § 21-18-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-27 - Garnishee's garnishment disclosure liability--Time of filing--Contents.

21-18-27. Garnishee's garnishment disclosure liability--Time of filing--Contents.Unless the garnishee makes the affidavit provided for in §21-18-26, he shall within thirty days from the service of the garnishee summons file and serve in like manner a garnishment disclosure in which he shall state:(1)Whether he was at the time of service of the garnishee summons indebted or under any liability to the defendant named in the garnishee summons, in any manner, upon any account, specifying, if indebted or liable, the amount, the interest thereon, the manner in which evidenced, when payable, whether an absolute or contingent liability, and all the facts and circumstances necessary to a complete understanding of such indebtedness or liability. If the garnishee is in doubt respecting any such liability or indebtedness, he may set forth all the facts and circumstances concerning the liability or indebtedness and submit the question to the court;(2)Whether he held at the time aforesaid the title or possession of any real estate, or any interest in land of any description, or of any personal property, effects, or credits, or any instruments or papers relating to such, belonging to the defendant or in which he was in any way interested. If he admits any such or is in any doubt respecting the same, he shall set forth the description of such property and all the facts and circumstances concerning the same, and the title, interest, or claim of the defendant in or to the same.If the garnishee claims any setoff or defense to any indebtedness or liability or any lien on or claim to the property, he shall set forth the facts and circumstances thereof fully.The garnishee may state any claim of exemption from execution on the part of the defendant, or other objection known to him against the right of plaintiff to apply upon his demands the indebtedness or property disclosed.If the garnishee discloses any indebtedness, or the possession of any property to which the defendant, and any other person as well, has a claim, he shall provide the names and residences of such claimants and so far as known the nature of their claims. Source: SDC 1939 & Supp 1960, §37.2812; SL 1988, ch 182, §5.
SD Codified L § 21-18-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-28 - Disclosure of liability when state is garnishee.

21-18-28. Disclosure of liability when state is garnishee.In all cases in which the State of South Dakota is made garnishee defendant, it is not necessary for the state to file a formal disclosure, but it is a sufficient disclosure for the state auditor to notify the plaintiff or the plaintiff's attorney stating what amount, if any, is due to the principal defendant at the time of the service of summons in garnishment upon the state auditor. It is the duty of the state auditor to notify the plaintiff or the plaintiff's attorney within the time for making a return in garnishment and the state auditor shall mail a copy of the notice to the clerk of courts of the county in which the action was pending. No taking of issue is permitted on any return or disclosure made by the state auditor. Source: SL 1927, ch 135, §2; SDC 1939 & Supp 1960, §37.2813; SL 2016, ch 116, §11.
SD Codified L § 21-18-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-29 - Disclosure by garnishee not made on information and belief--State excepted.

21-18-29. Disclosure by garnishee not made on information and belief--State excepted.No answer or disclosure in garnishment except by the State of South Dakota shall be made upon information and belief. The answer or disclosure of the garnishee may be made by an agent or attorney having knowledge of the facts. Source: SL 1909, ch 156, §13; RC 1919, §2465; SL 1923, ch 149; Supreme Court Rule 625, 1939; SDC 1939 & Supp 1960, §37.2814.
SD Codified L § 21-18-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-30 - Garnishee's answer conclusive unless issue taken--Trial of issues.

21-18-30. Garnishee's answer conclusive unless issue taken--Trial of issues.The answer of the garnishee shall in all cases be conclusive of the truth of the facts therein stated, and if it denies liability the proceeding against such garnishee shall be deemed discontinued, unless the plaintiff shall within thirty days serve upon the garnishee a notice in writing that he elects to take issue on his answer. In such case the issue shall stand for trial as a civil action in which the affidavit on the part of the plaintiff shall be deemed a complaint and the garnishee's affidavit the answer thereto. Nothing herein contained, however, shall permit raising of any issue when the state is garnishee defendant. Source: SL 1909, ch 156, §12; RC 1919, §2464; SL 1927, ch 135, §2; SDC 1939 & Supp 1960, §37.2815.
SD Codified L § 21-18-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-31 - Motion for order on answer of garnishee and defendant--Affidavit.

21-18-31. Motion for order on answer of garnishee and defendant--Affidavit.The plaintiff may in all cases move the court upon the answer of the garnishee and of the defendant, if the defendant shall also answer, for such order as the plaintiff is entitled to thereon. Such order is not a bar beyond the facts stated in such answers. The plaintiff shall attach an affidavit to the motion setting forth:(1)Amount that is owed on judgment and accrued interest;(2)Additional costs claimed;(3)Credit for any payments made;(4)Net balance due;(5)Specific request for payment of the garnished amount sufficient to satisfy judgment; and(6)Any surplus shall be returned to defendant. Source: SL 1909, ch 156, §12; RC 1919, §2464; SDC 1939 & Supp 1960, §37.2815; SL 2009, ch 110, §1.
SD Codified L § 21-18-32 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-32 - Payment to officer or clerk by garnishee--Discharge.

21-18-32. Payment to officer or clerk by garnishee--Discharge.In case the answer of the garnishee shall show indebtedness to the defendant, he may pay the amount thereof to the officer having a levy, or to the clerk of the court; and the officer to whom such payment is made shall give him a receipt specifying the facts and such receipt shall be a complete discharge of all liability to any party for the amount so paid. Source: SDC 1939 & Supp 1960, §37.2816; SL 1990, ch 157, §6.
SD Codified L § 21-18-33 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-33 - Retention of property disclosed by garnishee until expiration of garnishment, levy, release, or court order--Return of property to defendant.

21-18-33. Retention of property disclosed by garnishee until expiration of garnishment, levy, release, or court order--Return of property to defendant.If the answer of the garnishee discloses any money, credits, or other property, real or personal, in the possession or under the control of the garnishee, the garnishee shall retain money, credits, or property in the garnishee's possession until the expiration of one hundred eighty days from the date of service of the garnishee summons upon the garnishee; the plaintiff causes a copy of a levy to be served upon the garnishee; the defendant authorizes release to the plaintiff; or the order of the court thereon. If, within one hundred eighty days, a levy has not been served upon the garnishee, no agreement has been made for payment or no order of the court for payment, the garnishment shall end, and any property, money, or credits held by the garnishee shall be returned to the defendant if the defendant is otherwise entitled to the money, credits, or property. Source: SDC 1939 & Supp 1960, §37.2816; SL 1988, ch 182, §9.
SD Codified L § 21-18-34 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-34 - Payment to clerk by state as garnishee--Exoneration of state.

21-18-34. Payment to clerk by state as garnishee--Exoneration of state.The state auditor may, in the state auditor's discretion, at any time, pay to the clerk of courts of the county in which the action is brought any moneys that may be due to the principal defendant or the part thereof as was determined or due at the time of the service of the summons in garnishment upon the state. Upon the payment of any money to the clerk of courts, or upon notification by the state auditor to the plaintiff or the plaintiff's attorney of the amount, if any, due the defendant, the state auditor or any other state official and the state is absolutely exonerated from all liability. Source: SL 1927, ch 135, §5; SDC 1939 & Supp 1960, §37.2816; SL 2016, ch 116, §12.
SD Codified L § 21-18-35 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-35 - Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of notice on claimant.

21-18-35. Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of notice on claimant.When the answer of the garnishee shall disclose that any other person than the defendant claims the indebtedness or property in his hands, and the name and residence of such claimant, the court may on motion order that such claimant be made a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him, and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action, and may be made without the state or by publication thereof if the order shall so direct. Source: SL 1909, ch 156, §16; RC 1919, §2469; SDC 1939 & Supp 1960, §37.2821.
SD Codified L § 21-18-36 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-36 - Answer or defense by adverse claimant--Judgment on default.

21-18-36. Answer or defense by adverse claimant--Judgment on default.Upon service being made pursuant to §21-18-35 such claimant shall be deemed a defendant in the garnishee action and within thirty days shall answer, setting forth his claim or any defense which the garnishee might have made. In case of default, judgment may be rendered which shall conclude any claim upon the part of such defendant. Source: SL 1909, ch 156, §16; RC 1919, §2469; SDC 1939 & Supp 1960, §37.2821.
SD Codified L § 21-18-37 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-37 - Answer by other parties to affirmative claim set up by adverse claimant.

21-18-37. Answer by other parties to affirmative claim set up by adverse claimant.When an adverse claimant is made a garnishee defendant by notice as provided in this chapter and sets up an affirmative claim to the fund or property involved, any of the other parties to the garnishment may answer the same within thirty days after service thereof. Source: Supreme Court Rule 590, 1939; SDC 1939 & Supp 1960, §37.2823; SL 2016, ch 116, §13.