reglab/housing_qa huggingface dataset:
SD Codified L § 21-19-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-10 - Contents of claim of exemptions--Schedule of property.

21-19-10. Contents of claim of exemptions--Schedule of property.The claim of exemptions under §21-19-9 shall set forth the facts relevant to such claim, and if the claimant does not reside within the county where the levy is made, must show the name and address of a person residing within such county on whom any paper may be served with the same force as if served on the claimant. Such claim shall also set forth a schedule of all of debtor's property of every kind and character, including money on hand, debts due and owing the debtor, earnings of the debtor, property held by others for the debtor's use and benefit, and all of the debtor's property rights of every kind and description with the fair value of every item of property scheduled. Encumbrances, if any, and the amounts thereof shall be disclosed as to each item of property. At the conclusion of such schedule there shall be set forth all items of property claimed as exempt whether or not levy has been made thereon and showing what items are claimed as exempt whether or not levy has been made thereon and showing what items are claimed as absolute exemptions and what items are claimed as additional exemptions. Source: CCivP 1877, §326; SL 1885, ch 55, §1; CL 1887, §5130; RCCivP 1903, §355; RC 1919, §2662; SDC 1939 & Supp 1960, §37.4903.
SD Codified L § 21-19-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-11 - Verification of claim required.

21-19-11. Verification of claim required.The claim of exemptions under §21-19-9 must be verified by the claimant, if available, and if not, by the agent or attorney for the claimant with statement of the reasons why the verification was not made by the claimant. Source: CCivP 1877, §326; SL 1885, ch 55, §1; CL 1887, §5130; RCCivP 1903, §355; RC 1919, §2662; SDC 1939 & Supp 1960, §37.4903.
SD Codified L § 21-19-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-12 - Failure to claim additional exemptions as waiver.

21-19-12. Failure to claim additional exemptions as waiver.Failure of a debtor or a dependent to make a claim of additional exemptions as provided in §§21-19-9 to 21-19-11, inclusive, shall be deemed a waiver thereof by the debtor and his dependents unless and until relief from the default is granted. Source: SDC 1939 & Supp 1960, §37.4904.
SD Codified L § 21-19-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-13 - Relief from default in claiming exemptions--Effect on prior proceedings.

21-19-13. Relief from default in claiming exemptions--Effect on prior proceedings.Default in the making of a claim of exemptions may be relieved at any time while such levy remains in force upon notice to the creditor, and upon showing satisfactory to the court of reasonable excuse. Relief from such default shall not in any manner whatever affect the validity of any proceedings previously had except:(1)As to any sales made under such levy to any person who is in effect acting for the creditor or in collusion with the creditor, property so sold shall be treated as if in the possession of the creditor;(2)As to any property still in possession of the officer or in the possession of the creditor, whether through sales or otherwise or deemed in the possession of the creditor under subdivision (1) of this section; and as to proceeds of any sales other than sales specified in subdivision (1), the same shall be subject to claim of exemptions only upon such terms as the court deems just, which terms must be such that the creditor shall be reimbursed for all expenses, including reasonable attorney's fees necessarily incurred subsequent to the time when such claim for exemptions should have been made as provided in §21-19-9. Source: SDC 1939 & Supp 1960, §37.4903.
SD Codified L § 21-19-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-14 - Procedure for claim exclusive except as to absolute exemptions.

21-19-14. Procedure for claim exclusive except as to absolute exemptions.Except as to absolute exemptions no property shall be exempt unless claimed as exempt as provided in §§21-19-9 to 21-19-13, inclusive. Source: CCivP 1877, §326; SL 1885, ch 55, §1; CL 1887, §5130; RCCivP 1903, §355; RC 1919, §2662; SDC 1939 & Supp 1960, §37.4903.
SD Codified L § 21-19-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-15 - Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.

21-19-15. Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.Failure to claim absolute exemptions shall not constitute a waiver, and no rights whatsoever shall be acquired through or by any levy on property absolutely exempt. But proceedings may be had as provided by this chapter to reach under levy any part of the debtor's homestead which is in excess of the homestead exemption as provided by law. Source: SDC 1939 & Supp 1960, §37.4904.
SD Codified L § 21-19-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-16 - Retention of property claimed as exempt until final determination.

21-19-16. Retention of property claimed as exempt until final determination.If the debtor or a dependent makes claim of exemptions, the officer must retain in his possession all property claimed as exempt until final determination of such claim. Source: SDC 1939 & Supp 1960, §37.4910.
SD Codified L § 21-19-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-17 - Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.

21-19-17. Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.If claim for exemptions is made under §§21-19-9 to 21-19-13, inclusive, the claimant may, upon three days' notice to the creditor, apply to the court for an order for immediate release from said levy of any property claimed as exempt in said claim, as to which property the valuation is definite and fixed and not open to dispute, meaning such items as money, bank accounts, earnings owing to debtor, and similar items. Upon hearing such application the court may order the immediate release from such levy of such items if satisfied that the same are clearly within the limitations of the additional exemptions as provided by law, the amount so set aside to be charged against the total amount of additional exemptions to be allowed to the claimant. Such releases where clearly within the limitations of the additional exemptions shall always be ordered when applied for as to earnings of debtor and similar items immediately necessary for the support of debtor and his family. Source: CCivP 1877, §331; CL 1887, §5135; SL 1893, ch 19; RCCivP 1903, §360; SL 1913, ch 228; RC 1919, §2467; SDC 1939 & Supp 1960, §37.4910.
SD Codified L § 21-19-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-18 - Release of exempt property on failure of creditor to answer.

21-19-18. Release of exempt property on failure of creditor to answer.Unless the creditor within three days of service on him of a claim under §§21-19-9 to 21-19-13, inclusive, files and serves on the claimant an answer to such claim, the court shall forthwith and ex parte make an order allowing the exemptions as claimed and directing the release of such exempt property from the levy. Source: SDC 1939 & Supp 1960, §37.4905.
SD Codified L § 21-19-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-19 - Creditor's answer to claim of exemptions--Specification of disputed facts and valuations.

21-19-19. Creditor's answer to claim of exemptions--Specification of disputed facts and valuations.If the creditor disputes the facts as stated in the claim or questions the valuations of property as stated in such claim, he must, within three days of service upon him of such claim, file and serve on claimant an answer thereto. Such answer must specify the alleged facts in such claim which the creditor disputes, and the items of property claimed as additional exemptions as to which the valuations alleged by the claimant are disputed by the creditor. Source: SDC 1939 & Supp 1960, §37.4906.
SD Codified L § 21-19-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-20 - Disputed valuation of homestead--Demand for appraisal.

21-19-20. Disputed valuation of homestead--Demand for appraisal.If the debtor is the owner of a homestead as defined by law, the creditor may take issue with the valuation thereof claimed by the debtor. If the debtor owns such homestead, but has not made a claim for exemptions, or has not valued such homestead in such claim, the creditor may at any time file and serve upon the debtor a demand for appraisal of such homestead. Source: SDC 1939 & Supp 1960, §37.4906.
SD Codified L § 21-19-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-21 - Appointment of appraisers.

21-19-21. Appointment of appraisers.In such answer or such demand as the case may be the creditor must designate one appraiser. The claimant must within three days after such service file and serve upon the creditor a designation of one appraiser. The two appraisers so selected must select a third appraiser, and if they fail to agree thereon, such third appraiser must be selected by the court. If the appraiser designated by either party is unable to act the vacancy may be filled by the party who originally made such designation. If either party fails to make an appointment which he is entitled to make, the court may make such appointment. Appointment of any appraiser by the court must be on application by the debtor, claimant, or creditor, upon such notice as the court deems reasonable. Source: CCivP 1877, §327; CL 1887, §5131; RCCivP 1903, §356; RC 1919, §2663; SDC 1939, §37.4906.
SD Codified L § 21-19-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-22 - Specification of items to be appraised--Undisputed valuations--Appraisal of homestead.

21-19-22. Specification of items to be appraised--Undisputed valuations--Appraisal of homestead.Upon the three appraisers being selected the court shall make an order specifying the property to be appraised. Such order shall specify for appraisal the items of property claimed as additional exemptions as to which items the creditor disputes the valuations alleged by the claimant. As to any items of property claimed as additional exemptions as to which the creditor does not dispute the valuations alleged by the claimant, such valuations shall be accepted as a verity. If the creditor has demanded an appraisal of the homestead or has taken issue with the valuation thereof alleged by the claimant, the order shall also direct the appraisal of the homestead. Source: SDC 1939 & Supp 1960, §37.4907.
SD Codified L § 21-19-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-23 - Appraisement at fair market value--Completion and filing of appraisement.

21-19-23. Appraisement at fair market value--Completion and filing of appraisement.The three appraisers must thereupon, and as soon as may be, proceed with the appraisement of the property specified in the order to be appraised, which appraisement must be at the actual fair market value of each item at the place where situated as nearly as can be determined. The appraisement when completed must be subscribed by at least two of the three appraisers which two appraisers must make oath that such appraisement was honestly and impartially made and that the values fixed represent the best judgment of such appraisers. Such appraisement must then be duly filed with the court. Source: CCivP 1877, §328; SL 1885, ch 55, §2; CL 1887, §5132; RCCivP 1903, §357; RC 1919, §2664; SDC 1939, §37.4907.
SD Codified L § 21-19-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-24 - Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on appraisement.

21-19-24. Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on appraisement.Upon such appraisement being filed either the claimant or the creditor may bring such matter on for hearing upon reasonable notice to be fixed by the court. Upon such hearing the court shall determine the disputed questions of fact relevant to the debtor's right to be allowed exemptions and evidence in the form of affidavits may be received. Valuations where disputed shall be accepted as fixed by the appraisement, if the court approves the appraisement, which shall be accepted as correct, unless questioned by one of the parties in which event the party questioning the appraisement shall have the burden of showing it should not be approved. If the court disapproves the appraisement, the court shall determine from evidence offered the valuations which are in dispute. The court need not make any formal findings of fact or conclusions of law as to disputed questions, but the court's order, provided for in §21-19-26, must recite briefly the court's findings on disputed issues. Source: SDC 1939 & Supp 1960, §37.4908.
SD Codified L § 21-19-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-25 - Amendment of papers filed.

21-19-25. Amendment of papers filed.At any time prior to final determination of any claim of exemptions, the court may, for good cause shown, allow amendments to any papers filed. Source: SDC 1939 & Supp 1960, §37.4911.
SD Codified L § 21-19-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-26 - Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.

21-19-26. Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.If the claimant, on the basis of facts as shown by the claim and answer and as found by the court and on the basis of the valuations as determined, has not claimed as additional exemptions any more than allowed by law, the court shall order the same set aside and released from the levy. If the additional exemptions as claimed exceed the limitations provided by law, the claimant shall be allowed to make an amended claim within the limitations provided by law. Source: SDC 1939, §37.4909; SL 1957, ch 186, §3.
SD Codified L § 21-19-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-27 - Valuation of additional property to permit full benefit of exemptions--Selection and release of additional property.

21-19-27. Valuation of additional property to permit full benefit of exemptions--Selection and release of additional property.If, to do substantial justice to the debtor with reference to allowing him to select property to the full amount of his additional exemptions as provided by law, it is necessary to fix the value of items of property not included in property originally claimed as exempt, and the parties cannot agree as to valuations, the court may determine the value of such items. If the debtor fails or refuses to make a new selection of additional exemptions, the court shall make it for him. Upon the selection being finally made the court shall order the additional exemptions set aside and released from the levy. Source: SDC 1939, §37.4909; SL 1957, ch 186, §3.
SD Codified L § 21-19-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-28 - Division and setting aside homestead exceeding limitations--Court order where division not feasible.

21-19-28. Division and setting aside homestead exceeding limitations--Court order where division not feasible.If the net value of the debtor's homestead being determined is more than the homestead exemption set by subdivision 43-45-3(2), the court shall determine whether it is feasible to divide such homestead so that the debtor retains his full homestead exemption as provided by law, which division, if feasible, shall be ordered made and the order shall provide that only that portion not set aside to the debtor is subject to levy. If the court finds that such division is not feasible, the court shall make an order to the effect that only that portion of the debtor's homestead represented by the valuation of such homestead exemption plus any encumbrances is subject to levy. Source: SL 1890, ch 86, §1; RCCivP 1903, §345; RC 1919, §2658; SDC 1939, §37.4909; SL 1957, ch 186, §3; SL 1977, ch 185, §2; SL 1978, ch 156, §2.
SD Codified L § 21-19-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-29 - Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment by debtor.

21-19-29. Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment by debtor.If the levy is upon execution, the order shall direct a sale in accordance with this section. If the levy is not upon execution, the order shall provide that if and when execution issues, that such sale shall be made. Such sale shall be of the entire homestead, provided the price offered at such sale exceeds the sum of the homestead exemption set by subdivision 43-45-3(2) plus the costs of sale for the equity of the debtor, and from the purchase price, the officer must pay the amount of such homestead exemption to the debtor, the balance of the sale price to be distributed as provided by law as to execution sales of nonexempt real estate. The order must further provide unless waived by the debtor that sale of the homestead be not had for sixty days, and that at any time prior to the sale the debtor may, at his option, pay to the officer the surplus of the determined valuation of said homestead over and above such homestead exemption plus all encumbrances. Source: SL 1890, ch 86, §1; RCCivP 1903, §345; RC 1919, §2658; SDC 1939, §37.4909; SL 1957, ch 186, §3; SL 1977, ch 185, §3; SL 1978, ch 156, §3.
SD Codified L § 21-19-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 19 - Claim Of Homestead And Personal Property Exemptions|Section 21-19-30 - Stay of proceedings on appeal from order--Security required.

21-19-30. Stay of proceedings on appeal from order--Security required.In the event of an appeal from any order in a proceeding for setting aside of exemptions the order shall be stayed only upon the court or the appellate court being satisfied that there is a substantial doubt as to the result of such appeal and upon the appellant furnishing adequate security to be approved by the court granting the stay that the order appealed from will be fully complied with in the event it is affirmed and fully protecting the respondent as to all damages of any nature whatsoever resulting from the delay. Such security may be furnished in the same undertaking as the cost bond upon appeal. Source: CL 1887, §5135; SL 1893, ch 19; RCCivP 1903, §360; SL 1913, ch 228; RC 1919, §2467; SDC 1939 & Supp 1960, §37.4912.
SD Codified L § 21-20-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 20 - Relief Against Oppressive Levies|Section 21-20-1 - Levy against earnings prohibited within six months after determination of exemption--Change of financial status--Civil penalty for violations.

21-20-1. Levy against earnings prohibited within six months after determination of exemption--Change of financial status--Civil penalty for violations.When garnishment or levy under any judicial process has been used to reach earnings of a party to any action or proceeding to secure or satisfy any claim, and such earnings have been duly determined to be exempt, further earnings of such party shall not, for a period of six months, be garnished or levied upon in connection with such claim, unless with the good faith belief, and with good reason for such belief, that such party's financial status has changed to the extent that property of such party in excess of all his exemptions whatsoever, can be reached to secure or satisfy such claim, wholly or in part. Any person who violates the provisions of this section shall be liable to the party whose earnings are garnished or levied upon in violation of this section, for a penalty of fifty dollars, recoverable in a civil action. Source: SDC 1939 & Supp 1960, §37.5001.
SD Codified L § 21-20-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 20 - Relief Against Oppressive Levies|Section 21-20-2 - Civil penalty against attorney or agent for levy on earnings after determination of exemption.

21-20-2. Civil penalty against attorney or agent for levy on earnings after determination of exemption.Any attorney or agent who as such has caused garnishment or levy under judicial process to be made upon the earnings of any person, and such earnings have been duly determined to be exempt, and who within six months thereafter, as such attorney or agent, whether in behalf of the same or another claimant, causes another garnishment or levy to be made upon earnings of the same person, unless with the good faith belief, and with good reason for such belief, that such party's financial status has changed to the extent that property of such party, in excess of all exemptions whatsoever, can be reached to secure or satisfy such claim, wholly or in part, shall be liable to such person whose earnings are garnished or levied upon, for a penalty of fifty dollars recoverable in a civil action. Source: SDC 1939 & Supp 1960, §37.5002.
SD Codified L § 21-20-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 20 - Relief Against Oppressive Levies|Section 21-20-3 - One penalty for one levy.

21-20-3. One penalty for one levy.Under the provisions of this chapter only one penalty can be recovered for any one garnishment or levy. Source: SDC 1939 & Supp 1960, §37.5003.