reglab/housing_qa huggingface dataset:
SD Codified L § 21-17A-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-15 - Sale of attached property--Grounds--Proceeds held in lieu of property.

21-17A-15. Sale of attached property--Grounds--Proceeds held in lieu of property.If any property taken on a writ of attachment is likely to depreciate in value before the end of the action or if the keeping thereof could cause much loss or expense, the court or a judge may order it sold in such manner as the best interests of the parties demand, and the money realized shall be held by the sheriff or constable in lieu of the property sold. Source: SL 1983, ch 168, §15.
SD Codified L § 21-17A-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-16 - Keeping of property by officer--Collections--Legal proceedings.

21-17A-16. Keeping of property by officer--Collections--Legal proceedings.The sheriff or constable shall keep the property seized by him and the proceeds of such as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judge, collect and receive into his possession all the debts, credits and effects of the defendant. The sheriff or constable may also take such legal proceedings, either in his own name or in the name of the defendant, as may be necessary for that purpose and discontinue the same at such times and on such terms as the court or judge may direct. Source: SL 1983, ch 168, §16.
SD Codified L § 21-17A-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-17 - Defendant's bond for release from attachment--Justification of sureties.

21-17A-17. Defendant's bond for release from attachment--Justification of sureties.The defendant may, at any time before judgment, deliver to the sheriff or constable who attached his property a corporate surety bond or a bond executed by two sureties, to the effect that they shall, on demand, pay to the plaintiff the amount of the judgment, with all costs, that may be recovered against the defendant in the action, not exceeding the sum specified in the bond with interest. The bond shall be in the amount alleged by the plaintiff to be due. The sureties shall justify as provided in §21-17A-7, and may be accepted if they are jointly responsible for the required sum. Source: SL 1983, ch 168, §17.
SD Codified L § 21-17A-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-18 - Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of officer.

21-17A-18. Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of officer.The sheriff or constable shall without delay give the plaintiff a copy of the bond received pursuant to §21-17A-17 with notice of the time when the same was delivered to him. The plaintiff shall, within three days thereafter, give notice to the sheriff or constable that he objects to the sureties or he waives all objections to them. If the plaintiff objects, the sureties shall justify as provided in §21-17A-7. The sheriff or constable is responsible for the sufficiency of the sureties and may retain possession of the attached property until they justify, or until the objection is waived. Thereafter, the sheriff or constable shall deliver the property attached to the defendant. If real estate is attached, the sheriff or constable shall file a certificate of the discharge thereof in the office of the register of deeds. If judgment is for the plaintiff, all his costs and disbursements on the attachment shall be included in the judgment. Source: SL 1983, ch 168, §18.
SD Codified L § 21-17A-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-19 - Modification of writ--Notice of motion--Combining motions.

21-17A-19. Modification of writ--Notice of motion--Combining motions.The court may, at any time before the trial of the action or a release of the property under §21-17A-18, modify the writ of attachment for irregularity or other sufficient cause, on three days' notice of motion. The motion therefor may be combined with a motion to increase the plaintiff's security under §21-17A-8. Source: SL 1983, ch 168, §19.
SD Codified L § 21-17A-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-20 - Motion to quash writ and release property--Service of notice of motion.

21-17A-20. Motion to quash writ and release property--Service of notice of motion.A defendant whose property has been attached pursuant to a writ issued under this chapter may, on three days' notice of motion, apply for an order that the writ of attachment be quashed, and any property levied on pursuant to the writ be released. The application shall be made by filing with the court and serving on the plaintiff a notice of motion. Source: SL 1983, ch 168, §20.
SD Codified L § 21-17A-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-21 - Contents of notice of motion--Affidavit--Grounds.

21-17A-21. Contents of notice of motion--Affidavit--Grounds.The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. It is not grounds to set aside an order that the plaintiff would not have suffered great or irreparable injury if issuance of the writ had been delayed until the matter could have been heard on notice. Source: SL 1983, ch 168, §21.
SD Codified L § 21-17A-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-22 - Hearing on motion--Order of court.

21-17A-22. Hearing on motion--Order of court.At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the writ of attachment. If the court finds that the plaintiff is not entitled to the writ, it shall order the writ quashed, and any property levied on pursuant to the writ released. Source: SL 1983, ch 168, §22.
SD Codified L § 21-17A-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-23 - Basis of determination--Additional evidence--Continuance.

21-17A-23. Basis of determination--Additional evidence--Continuance.The court's determinations shall be made upon the basis of the pleadings and other papers in the record; but upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities. Source: SL 1983, ch 168, §23.
SD Codified L § 21-17A-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-24 - Priority of hearing on motion to quash.

21-17A-24. Priority of hearing on motion to quash.The hearing provided for in §21-17A-22 shall take precedence over all other civil matters on the calendar except older matters of the same character. Source: SL 1983, ch 168, §24.
SD Codified L § 21-17A-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-25 - Findings and order of court on hearing--Costs taxed--Damages assessed at trial.

21-17A-25. Findings and order of court on hearing--Costs taxed--Damages assessed at trial.If the court finds for the defendant on a motion pursuant to §21-17A-20, the judge presiding shall tax the defendant's costs for the hearing, and an order shall be entered dismissing the writ or that the property attached be delivered to the defendant; and the jury or the court shall, on the trial of the action or thereafter, assess the damages sustained by the defendant by reason of the taking and detention or sale of the property attached or by reason of any injury thereto. The same, together with the costs so taxed, shall be a setoff to the plaintiff's demand, and if in excess of it, or the plaintiff fails to recover, the defendant shall have judgment for the amount due. If the court on the hearing held pursuant to §21-17A-22 finds for the plaintiff, the judge shall tax the plaintiff's costs for the trial, and the amount so taxed shall, if he recovers, be taxed by the clerk as disbursement in the action. If the defendant or his assignee recovers judgment in the action, the costs and the judgment shall be offset. Source: SL 1983, ch 168, §25.
SD Codified L § 21-17A-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-26 - Judgment for damages to defendant.

21-17A-26. Judgment for damages to defendant.If the defendant prevails in the action or if the action is discontinued, he shall have judgment for the damages sustained by him for any damages to his property by reason of the taking and detention or sale. Source: SL 1983, ch 168, §26.
SD Codified L § 21-17A-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-27 - Delivery of property on judgment for defendant--Action on plaintiff's bond.

21-17A-27. Delivery of property on judgment for defendant--Action on plaintiff's bond.If the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to him, subject to the plaintiff's rights on appeal, and he may maintain an action on the plaintiff's bond for the assessed damages sustained by reason of the writ of attachment. Upon the entry of final judgment in favor of the defendant or on satisfaction of a plaintiff's judgment, if real estate was attached, the fact of such judgment or satisfaction shall be recorded by the prevailing party with the register of deeds in any county in which attached lands are situated. Source: SL 1983, ch 168, §27; SL 1987, ch 162.
SD Codified L § 21-17A-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-28 - Satisfaction of judgment for plaintiff--Delivery of remaining property.

21-17A-28. Satisfaction of judgment for plaintiff--Delivery of remaining property.If a plaintiff recovers judgment in the action, the sheriff or constable shall satisfy the same out of the property attached, if sufficient therefor:(1)By paying all money attached or received on sales of property, or on any debts or credits, or so much thereof as shall be necessary to the plaintiff;(2)By selling, under such execution as may be issued on such judgment, so much of the attached property, real or personal, as is necessary to satisfy the unpaid balance, according to the provisions regulating sales upon execution, except as provided in subdivision (4) of this section;(3)If any of the attached property belonging to the defendant is not in the sheriff's or constable's hands, without having been sold or converted into money, by repossessing the same, and for that purpose, the sheriff or constable has the same authority which he had to seize the same under the writ of attachment. Any person who intentionally conceals or withholds such property from the sheriff or constable is liable to double damages at the suit of the party injured;(4)Until the judgment against the defendant has been paid, the sheriff or constable shall collect the evidences of debt that may have been seized or attached by virtue of the writ of attachment, and prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment and costs. When the judgment and all costs of the proceedings have been paid, the sheriff or constable, upon reasonable demand, shall deliver the residue of the property attached, or the proceeds thereof, to the defendant. Source: SL 1983, ch 168, §28.
SD Codified L § 21-17A-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-29 - Plaintiff prosecuting actions officer authorized to bring--Indemnification of officer.

21-17A-29. Plaintiff prosecuting actions officer authorized to bring--Indemnification of officer.The actions authorized by this chapter to be brought by a sheriff or constable may be prosecuted by the plaintiff or under his direction, upon the delivery by him to the sheriff or constable of an undertaking, with two sufficient sureties, to the effect that the plaintiff shall indemnify him for all damages, costs and expenses thereon not exceeding five hundred dollars in any one action. The sureties shall, if required by the sheriff or constable, justify by making an affidavit that each is worth double the amount of the penalty named in the undertaking over and above all debts and exemptions. Source: SL 1983, ch 168, §29.
SD Codified L § 21-17A-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-30 - Death of defendant--Satisfaction of judgment for plaintiff.

21-17A-30. Death of defendant--Satisfaction of judgment for plaintiff.If a defendant whose property is attached dies and the judgment is in favor of the plaintiff, the property attached shall be applied to the payment of the judgment and execution may be issued on the judgment and satisfied out of the attached property in the same manner as if the defendant were living. Source: SL 1983, ch 168, §30.
SD Codified L § 21-17A-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-31 - Third party's property--Application for release.

21-17A-31. Third party's property--Application for release.Any person not a party to the action, whose property is attached, may, at any time, either before or after judgment, be made a party on his application for the purpose of removing or discharging the attachment. The court may grant such summary relief as shall be just, and may in proper cases try appropriate issues by jury. Source: SL 1983, ch 168, §31.
SD Codified L § 21-17A-32 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 17A - Attachment Of Property|Section 21-17A-32 - Injunction not precluded.

21-17A-32. Injunction not precluded.Nothing in this chapter precludes the granting of relief pursuant to chapter 21-8. Source: SL 1983, ch 168, §32.
SD Codified L § 21-18-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-1 - Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment.

21-18-1. Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment.In any action or small claims proceeding to recover damages founded upon contract, express or implied, or pursuant to judgment or decree, any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action, against any person, as defined in §15-7-1, including the state and any municipal or public corporation, and including any corporation organized or authorized to be organized by or under the laws of any state or of the United States, which has the power to sue or be sued who shall be indebted to or have any property, real or personal, in its possession or under its control belonging to such creditor's debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter. Source: SDC 1939, §37.2801; SL 1939, ch 143; SL 1990, ch 157, §1; SL 2001, ch 107, §1.
SD Codified L § 21-18-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-2 - Plaintiff and defendant defined.

21-18-2. Plaintiff and defendant defined.The term, plaintiff, is used in this chapter to include every judgment creditor, and the term, defendant, every judgment debtor. Source: SL 1909, ch 156, §1; RC 1919, §2453; SL 1925, ch 182, §1; SDC 1939, §37.2801; SL 1939, ch 143.
SD Codified L § 21-18-2.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-2.1 - Earnings subject to garnishment.

21-18-2.1. Earnings subject to garnishment.The term, earnings, as used in this chapter means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments. Source: SL 1972, ch 133, §1; SL 2016, ch 116, §1.
SD Codified L § 21-18-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-3 - Plaintiff's affidavit for garnishment--Contents.

21-18-3. Plaintiff's affidavit for garnishment--Contents.In any action where garnishment is permitted, the plaintiff, or some person on the plaintiff's behalf, may make an affidavit stating that the plaintiff believes that a named person is indebted to, or has property, real or personal, in the person's possession or under the person's control belonging to the defendant, or either or any of the defendants in the action, naming him, and that such defendant has no property in this state other than property subject to garnishment under this chapter sufficient to satisfy the plaintiff's demand, and that the indebtedness or property mentioned in such affidavit is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt, and the amount of the claim sued upon. Source: SDC 1939, §37.2802; SL 1939, ch 144; SL 1990, ch 157, §2; SL 2016, ch 116, §2.
SD Codified L § 21-18-3.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-3.1 - Garnishment prohibited before judgment.

21-18-3.1. Garnishment prohibited before judgment.Garnishment prior to obtaining final judgment in the principal action is prohibited. Source: SL 1972, ch 133, §2; SL 1990, ch 157, §3; SL 2016, ch 116, §3.
SD Codified L § 21-18-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-4 - Affidavit covering more than one garnishee--Joint and several proceedings.

21-18-4. Affidavit covering more than one garnishee--Joint and several proceedings.Any number of garnishees may be embraced in the same affidavit, but if a joint liability is claimed against any, it shall be so stated, and the garnishee named as jointly liable shall be deemed jointly proceeded against; otherwise the several garnishees shall be deemed severally proceeded against. Source: SL 1909, ch 156, §2; RC 1919, §2454; SDC 1939, §37.2802; SL 1939, ch 144.
SD Codified L § 21-18-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-6 - Garnishee summons annexed to affidavit--Form.

21-18-6. Garnishee summons annexed to affidavit--Form.The plaintiff shall annex or subjoin to the garnishment affidavit a garnishee summons, which shall be in substantially the following form: State of South Dakota,County of __________ ss.________ CourtA. B., Plaintiff,vs.C. D., Defendant, andE. F., Garnishee.The State of South Dakota to the said Garnishee:You are hereby summoned pursuant to the annexed affidavit, as a garnishee of the defendant, C. D., and required within thirty days after the service of this summons upon you, exclusive of the day of service, to answer, according to law, whether you are indebted to or have in your possession or under your control any property, real or personal, belonging to such defendant, and to serve a copy of your answer on the undersigned at ________ in the county of ________; and in case of your failure so to do, you will be liable to further proceedings according to law; of which the said defendant will also take notice.___________________________Attorney for PlaintiffP. O. Address ________ County, S. Dak. Source: SL 1909, ch 156, §3; RC 1919, §2455; SDC 1939 & Supp 1960, §37.2803.
SD Codified L § 21-18-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-7 - Service of summons, affidavit, and garnishment disclosure on garnishee.

21-18-7. Service of summons, affidavit, and garnishment disclosure on garnishee.The garnishee summons, affidavit, and garnishment disclosure shall be served on each of the several garnishees named, in the manner provided for service of a summons in an action, by certified mail, or by registered mail pursuant to §21-18-11. Source: SDC 1939 & Supp 1960, §37.2805; SL 1966, ch 123; SL 1967, ch 150; SL 1988, ch 182, §1; SL 2016, ch 116, §4.
SD Codified L § 21-18-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-8 - Service of summons, affidavit, and garnishment disclosure when state is garnishee.

21-18-8. Service of summons, affidavit, and garnishment disclosure when state is garnishee.If the state is a garnishee, the garnishee summons, affidavit, and garnishment disclosure shall be served on the state auditor or his deputy only. Source: SDC 1939 & Supp 1960, §37.2805; SL 1966, ch 123; SL 1967, ch 150; SL 1988, ch 182, §2.
SD Codified L § 21-18-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-9 - Fee paid to garnishee for expense of garnishment disclosure.

21-18-9. Fee paid to garnishee for expense of garnishment disclosure.If a garnishee summons, affidavit, and garnishment disclosure is served, the garnishee shall be paid the sum of fifteen dollars to reimburse the garnishee for the expense of preparing the garnishment disclosure which sum shall be taxed as a part of plaintiff's costs. If the garnishee is not paid, the garnishment proceeding is void. The return of service of the garnishee summons shall include a statement that the sum was paid. The garnishment disclosure shall be returned to the plaintiff and filed with the court. Source: SDC 1939, §37.2804; SL 1959, ch 238; SL 1988, ch 182, §3; SL 1998, ch 126, §1; SL 2016, ch 116, §5.
SD Codified L § 21-18-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 18 - Garnishment Of Debts And Property|Section 21-18-10 - Service of garnishee summons and affidavit on defendant.

21-18-10. Service of garnishee summons and affidavit on defendant.The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within thirty days after service on a garnishee, unless service of the summons in the action is made without the state or by publication, or by registered mail pursuant to §21-18-11. If the defendant appears in the action by attorney, service may be made upon the attorney or upon the defendant. Source: SL 1909, ch 156, §5; RC 1919, §2457; SL 1925, ch 182, §2; SDC 1939 & Supp 1960, §37.2805; SL 1966, ch 123; SL 1967, ch 150; SL 2001, ch 108, §1; SL 2009, ch 109, §2; SL 2016, ch 116, §6.