reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-1 - Writ of execution permitted within twenty years after judgment.

15-18-1. Writ of execution permitted within twenty years after judgment.
The party in whose favor judgment has been given, or, in case of his death or disability or incapacity, his personal representative may, at any time within twenty years after the entry of judgment, proceed to enforce the same by writ of execution, as provided in this title.
Source:
SDC 1939, §33.1901; SL 1939, ch 131; SL 1947, ch 155.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-3 - Order and cause of arrest required for execution against person of debtor.

15-18-3. Order and cause of arrest required for execution against person of debtor.
No execution shall issue against the person of a judgment debtor unless an order of arrest has been served as provided in this code, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by chapter 15-22.
Source:
SDC 1939 & Supp 1960, §33.1902.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-4 - Directions in writ to enforce judgment requiring sale of property--Issue to referee, sheriff or constable.

15-18-4. Directions in writ to enforce judgment requiring sale of property--Issue to referee, sheriff or constable.
When a judgment requires the sale of property described therein, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale and applying the funds in conformity with its mandate. Such a judgment may direct that execution issue to a referee appointed by the court and named in the judgment, or to the sheriff or constable of the county in which the property described therein, or some part of it, is located. The sheriff, constable, or referee, hereinafter referred to as an officer, must execute a certificate of sale to the purchaser as provided in chapter 15-19.
Source:
SDC 1939 & Supp 1960, §33.1903; SL 1973, ch 126, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-5 - Signature, attestation, and sealing of writ of execution--Officer defined.

15-18-5. Signature, attestation, and sealing of writ of execution--Officer defined.
The writ of execution shall be issued in the name of the State of South Dakota, attested in the name of the judge or the presiding judge, if there is one, sealed with the seal of the court, and subscribed by the clerk, and directed to an officer qualified to execute it. If issued from the court of a magistrate, it shall be signed by the magistrate or clerk and no seal is required. For purposes of this chapter, the term "officer" means sheriff, constable, or referee appointed by the court either in the judgment or by motion after notice following judgment.
Source:
SDC 1939 & Supp 1960, §33.1904; SL 1974, ch 153, §13; SL 1985, ch 162; SL 1986, ch 165.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-6 - Reference in writ to judgment and record information.

15-18-6. Reference in writ to judgment and record information.
The writ of execution shall intelligently refer to the judgment, stating the court, the county where the judgment or transcript is filed, the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and the time of docketing in the county to which the execution is issued.
Source:
SDC 1939 & Supp 1960, §33.1904; SL 1990, ch 149, §11.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-7 - Direction in writ to satisfy judgment from debtor's property.

15-18-7. Direction in writ to satisfy judgment from debtor's property.
The writ of execution, if it be against the property of the judgment debtor, shall require the officer substantially to satisfy the judgment with interest and accruing costs out of the property of such debtor.
Source:
SDC 1939 & Supp 1960, §33.1904 (1).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-8 - Direction in writ to satisfy judgment from property held by successors, tenants, or trustees.

15-18-8. Direction in writ to satisfy judgment from property held by successors, tenants, or trustees.
The writ of execution, if it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, or tenants of real property or trustees, shall require the officer substantially to satisfy the judgment out of such property.
Source:
SDC 1939 & Supp 1960, §33.1904 (2).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-8.1 - Execution upon bank asset.

15-18-8.1. Execution upon bank asset.
Judgments, liens, or attachments shall not be executed upon any asset of a bank until the time for appeal has expired.
Source:
SL 1988, ch 377, §78A.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-9 - Direction in writ to arrest and commit debtor.

15-18-9. Direction in writ to arrest and commit debtor.
The writ of execution, if it be against the person of the judgment debtor, shall require the officer substantially to arrest such debtor and commit him to the jail of the county until he shall pay the judgment, or be discharged according to law.
Source:
SDC 1939 & Supp 1960, §33.1904 (3).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-10 - Directions in writ on judgment for delivery of personal property--Recovery of costs and damages.

15-18-10. Directions in writ on judgment for delivery of personal property--Recovery of costs and damages.
An execution issued upon a judgment for the delivery of the possession of personal property shall substantially require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto; and may, at the same time, require the officer to satisfy any costs or damages recovered by the judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein if a delivery cannot be had.
Source:
SDC 1939 & Supp 1960, §33.1904 (4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-11 - Judgment included in writ requiring sale of property.

15-18-11. Judgment included in writ requiring sale of property.
If it be in execution of a judgment requiring the sale of specific property, an execution shall include a copy of the judgment or the material parts thereof.
Source:
SDC 1939 & Supp 1960, §33.1904 (5).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-12 - Execution directing application of principal debtor's property before that of surety.

15-18-12. Execution directing application of principal debtor's property before that of surety.
In all cases where judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound signed the same as surety or bail for his codefendant, the court must in entering the judgment thereon state which of the defendants is principal debtor and which are sureties or bail. An execution issued on such judgment must command the sheriff or other officer to cause the money to be made out of the property of the principal debtor, but, for want of sufficient property of the principal debtor to make the same, to cause the same to be made out of the property of the surety or bail. In all cases the property, both real and personal, of the principal debtor, within the jurisdiction of the court must be exhausted before any of the property of the surety or bail shall be taken in execution.
Source:
SDC 1939 & Supp 1960, §33.1905.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-13 - Officer to whom execution issued--Issue at same time in different counties--Real property sold in county where it lies.

15-18-13. Officer to whom execution issued--Issue at same time in different counties--Real property sold in county where it lies.
When the execution is against the property of the judgment debtor, it may be issued to an officer of any county where the judgment is docketed, but it must be issued from the county where the judgment was rendered. When it requires the delivery of real or personal property, it must be issued to an officer of the county where the property, or some part thereof, is situated. Executions may be issued at the same time to different counties. Real property levied upon must be sold in the county wherein it lies, by an officer of such county who must execute a certificate of sale to the principal as provided in chapter 15-19.
Source:
SDC 1939 & Supp 1960, §33.1902; SL 1973, ch 126, §3; SL 1987, ch 398 (Supreme Court Rule 86-24).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-14 - Power of officer to execute writ according to terms.

15-18-14. Power of officer to execute writ according to terms.
When a writ, warrant, or execution is placed in the hands of an officer, he shall have power and authority to execute the same according to its mandate and the law, and he shall be required to do so.
Source:
SDC 1939 & Supp 1960, §33.1907.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-15 - Endorsement of receipt of writ by officer--Diligent execution--Return of execution.

15-18-15. Endorsement of receipt of writ by officer--Diligent execution--Return of execution.
When a writ, warrant, or execution is delivered to any officer he must endorse thereon the day and hour when he receives it. He must proceed to execute the same with diligence. If executed, an exact description of the property seized with the date of levy, sale, or other act done by virtue thereof, must be endorsed upon or appended to the execution. If the writ was not executed, or executed in part only, the reason therefor must be stated in the return. The failure or neglect of the officer to make his return thereon as required by law shall not void his proceedings.
Source:
SDC 1939 & Supp 1960, §33.1908.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-16 - Payment by debtor to officer holding execution--Officer's receipt as discharge.

15-18-16. Payment by debtor to officer holding execution--Officer's receipt as discharge.
After the issuing of execution against property any person indebted to the judgment debtor may pay to the officer the amount of such indebtedness, or so much thereof as is necessary to satisfy the execution, and the officer's receipt shall be sufficient discharge thereof, except in cases of negotiable instruments which the officer does not have in possession.
Source:
SDC 1939 & Supp 1960, §33.1918; SL 1973, ch 126, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-17 - Property subject to levy on execution.

15-18-17. Property subject to levy on execution.
All property and interests therein and rights appurtenant thereto, tangible or intangible, including shares or interests in any corporations, credits, choses in action, and whether capable of manual delivery or not, belonging to the party against whom the execution was issued, and not exempt by law may be taken on execution and sold or otherwise applied to the satisfaction of the judgment as provided by law.
Source:
SDC 1939 & Supp 1960, §33.1911.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-18 - Levy not required for sale of property taken by earlier process.

15-18-18. Levy not required for sale of property taken by earlier process.
In all cases where property or any interest therein has been levied upon or impounded by attachment, garnishment, or other mesne process, or where the property consists of personal property in the possession of a party or a receiver appointed in the action, who is foreclosing a lien thereon, or where it consists of real estate and the action involves the foreclosing of a lien thereon, no levy shall be required for the sale thereof, but the officer may make sale and return thereon pursuant to the judgment and execution issued thereon.
Source:
SDC 1939 & Supp 1960, §33.1912.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-19 - Money under control of court applied to satisfaction by terms of judgment.

15-18-19. Money under control of court applied to satisfaction by terms of judgment.
In cases where the property consists of money under control of the court, the judgment may order the application of it toward satisfaction thereof and all persons having custody or control of such money shall be authorized so to apply it upon receipt of a certified copy of such judgment.
Source:
SDC 1939 & Supp 1960, §33.1912.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-20 - Levy on personal property capable of manual delivery.

15-18-20. Levy on personal property capable of manual delivery.
A levy under a writ, warrant, or execution upon personal property capable of manual delivery, including bonds, promissory notes, or other instruments for the payment of money must be made by taking the same into the officer's actual custody. He must thereupon without delay deliver a notice of levy to the person from whose custody such property is taken.
Source:
SDC 1939 & Supp 1960, §33.1913 (3); SL 1973, ch 126, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-21 - Levy on judgment--Notice to parties.

15-18-21. Levy on judgment--Notice to parties.
A levy under a writ, warrant, or execution upon a judgment, must be made by serving a notice of levy upon the clerk of the court in which it is docketed, describing the judgment by the title of its action, date, amount, book, and page of docketing, and by mailing copies of such notice of attachment by registered or certified mail to the judgment debtor, and the present owner of the judgment as shown by the docket, and to their attorneys of record, if any, at their last known post office addresses.
Source:
SDC 1939 & Supp 1960, §33.1913 (4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-22 - Levy on real property--Recording of notice.

15-18-22. Levy on real property--Recording of notice.
A levy under a writ, warrant, or execution upon real property, must be made by the officer filing with the register of deeds of the county in which the property is situated, a notice of the levy subscribed by him, stating the names of the parties to the action, the amount of the plaintiff's claim as stated in the execution, and a description of the property levied upon, which notice must be recorded and indexed by the register of deeds in like manner and in the same book as a notice of the pendency of an action.
Source:
SDC 1939 & Supp 1960, §33.1913 (1); SL 1973, ch 126, §6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-23 - Levy on personal property which cannot be moved--Recording of notice.

15-18-23. Levy on personal property which cannot be moved--Recording of notice.
A levy under a writ, warrant, or execution upon personal property which by reason of its bulk or other cause cannot be conveniently removed, must be made by the officer filing with the register of deeds a notice of the same kind as described in §15-18-22; and such levy shall be equally valid and effectual as if the articles had been seized and the possession and control thereof retained by the officer.
Source:
SDC 1939 & Supp 1960, §33.1913 (2); SL 1973, ch 126, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-24 - Levy on domestic animals running at large--Notice to person in possession.

15-18-24. Levy on domestic animals running at large--Notice to person in possession.
A levy under a writ, warrant, or execution upon domestic animals, must be made by the officer filing with the register of deeds of the county in which such property is running at large a notice of the same kind as described in §15-18-22, and mailing a copy to the person in possession of such animals, specifying the number as near as may be and containing a description of same by marks and brands, if any; and such levy shall be equally valid and effectual as if such animals had been seized and the possession and control thereof retained by the officer.
Source:
SDC 1939 & Supp 1960, §33.1913 (2); SL 1973, ch 126, §8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-25 - Receipt, entry and indexing of notices filed with register of deeds.

15-18-25. Receipt, entry and indexing of notices filed with register of deeds.
The register of deeds shall receive and file all notices under §§15-18-23 and 15-18-24, numbering the same consecutively, keep the same in his office in regular and orderly files, and shall make entry thereof in the book kept for the registry of personal property instruments in the order in which they are received, which entry shall contain in separate columns the names of the defendants alphabetically arranged, the names of the plaintiffs, the number endorsed upon the notice, the amount claimed by the plaintiff and the time of filing.
Source:
SDC 1939 & Supp 1960, §33.1913 (2).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-26 - Immovable property and range animals taken into custody--Additional costs not allowed.

15-18-26. Immovable property and range animals taken into custody--Additional costs not allowed.
Notwithstanding the provisions of §§15-18-23 to 15-18-25, inclusive, a levy may, by direction of the plaintiff or his attorney, be made upon the property mentioned in said sections in accordance with §15-18-20; but if additional costs are made by such a levy the same shall not be allowed to the plaintiff, if in the judgment of the court the taking of the property into the custody of the sheriff was unnecessary.
Source:
SDC 1939 & Supp 1960, §33.1913 (2).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-27 - Levy on other personal property or demand.

15-18-27. Levy on other personal property or demand.
A levy under a writ, warrant, or execution upon other personal property, must be made by leaving a notice of levy showing the property levied upon with the person holding the same; or, if it consists of a demand other than specified in §§15-18-20 and 15-18-21, with the person against whom it exists.
Source:
SDC 1939 & Supp 1960, §33.1913 (5).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-28 - Selection of property likely to bring amount required--Additional levies if required.

15-18-28. Selection of property likely to bring amount required--Additional levies if required.
The officer must in all cases select such property, and in such quantities as will be likely to bring the amount required to be raised, and having made one levy, may, at any time thereafter make other levies if he deems it necessary.
Source:
SDC 1939 & Supp 1960, §33.1914.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-29 - Additional levies if amount produced on sale insufficient.

15-18-29. Additional levies if amount produced on sale insufficient.
If the property taken under a levy does not on a sale thereof produce a sum sufficient to satisfy such execution, the officer must proceed to make an additional levy on which he shall proceed as on other executions.
Source:
SDC 1939 & Supp 1960, §33.1914.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-30 - Levy as lien on personal property.

15-18-30. Levy as lien on personal property.
When the officer has made a levy upon any personal property pursuant to the provisions of this code, he shall have a lien thereon for all purposes essential to carrying out the execution, but no execution shall constitute any lien upon personal property until an actual levy upon such property has been made thereunder.
Source:
SDC 1939 & Supp 1960, §33.1915.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-31 - Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees.

15-18-31. Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees.
If the property levied on be claimed by a third person as his property, the officer may summon from his county six persons qualified as jurors to try the validity of the claim. He must also give notice of the claim and of the time of trial to the plaintiff, who may appear and contest the claim before the jury. The jury and the witnesses must be sworn by the officer; and if their verdict be in favor of the claimant the officer may relinquish the levy unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury, the officer, and the witnesses must be paid by the claimant if the verdict be against him; otherwise by the plaintiff. Each party must deposit with the officer, before the trial, the amount of his fees, and the fees of the jury, and the officer must return to the prevailing party the amount so deposited by him.
Source:
SDC 1939 & Supp 1960, §33.1921; SL 1973, ch 126, §9.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-32 - Abandonment of execution--Discharge of levies--Subsequent executions.

15-18-32. Abandonment of execution--Discharge of levies--Subsequent executions.
The party for whom the execution was issued or the party's attorney of record, or otherwise authorized, may abandon proceedings under any execution at any time by filing with the court from which issued a written statement of such abandonment, or by causing the writ to be returned and filed with an endorsement to the effect that it had been so abandoned, and by paying the costs of such execution and proceedings thereunder, including any actual out-of-pocket expenses and reasonable costs incurred by the sheriff, and by discharging of record any notice of levy which has been filed in any recording or registry office, and by releasing any property seized thereunder. All proceedings, notices, levies, and liens taken pursuant to such execution shall be deemed abandoned, discharged, and released upon the filing of such statement or endorsement. The abandonment of an execution as herein permitted shall be without prejudice to the issue of subsequent executions.
Source:
SDC 1939 & Supp 1960, §33.1910; SL 2007, ch 129, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-33 - Partial abandonment of execution--Subsequent executions.

15-18-33. Partial abandonment of execution--Subsequent executions.
The party for whom the execution was issued or his attorney of record, or otherwise authorized, may likewise abandon an execution after it has been partially enforced or performed, or after a portion of his claim or other demand has been satisfied, by the same procedure as is provided in §15-18-32, stating in his statement of such partial abandonment, or report, or return with the writ, the extent to which his claim or demand has been satisfied, and the extent remaining unsatisfied. Such partial abandonment shall not affect the right of such party or other persons interested to have subsequent executions issued.
Source:
SDC 1939 & Supp 1960, §33.1910.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-34 - Collection or sale of property levied on.

15-18-34. Collection or sale of property levied on.
After making levy thereon an officer may collect things in action by suit in his own name, or by selling the same at public sale.
Source:
SDC 1939 & Supp 1960, §33.1917.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-35 - Money and receivables appropriated to judgment without sale.

15-18-35. Money and receivables appropriated to judgment without sale.
Money levied upon may be appropriated without being advertised or sold. The same may be done with bank bills, drafts, promissory notes, judgments, or other papers of like character, if the plaintiff will receive them at their full market value as cash, or if the officer can exchange them for cash at that value.
Source:
SDC 1939 & Supp 1960, §33.1916.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-36 - Receivables subject to sale or appropriation--Assignment and delivery by officer.

15-18-36. Receivables subject to sale or appropriation--Assignment and delivery by officer.
Judgments, bank bills, and other things in action may be sold at public sale, or appropriated as provided by §15-18-35, and assignment and delivery thereof by the officer shall have the same effect as if made by the defendant.
Source:
SDC 1939 & Supp 1960, §33.1917.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-37 - Levy continues against property unsold--New sale or new execution.

15-18-37. Levy continues against property unsold--New sale or new execution.
When property is unsold for want of bidders, the levy still holds good; and if there be sufficient time it may again be advertised or the execution returned, and one issued again commanding the officer to sell such property.
Source:
SDC 1939 & Supp 1960, §33.1919.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-38 - Payment of execution proceeds to judgment creditor.

15-18-38. Payment of execution proceeds to judgment creditor.
After first paying his costs and expenses the officer shall pay to the judgment creditor the proceeds of sale, or of moneys appropriated, or so much thereof as will satisfy the execution.
Source:
SDC 1939 & Supp 1960, §33.1920.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-39 - Surplus applied to other executions against debtor.

15-18-39. Surplus applied to other executions against debtor.
If there be any surplus and if the officer has other unsatisfied executions against the debtor, he may apply such surplus towards satisfaction of the same in the order of their respective priorities and account for any final surplus as provided in §15-18-40.
Source:
SDC 1939 & Supp 1960, §33.1920.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-40 - Surplus deposited in court--Notice to debtor.

15-18-40. Surplus deposited in court--Notice to debtor.
If there be any surplus, and the officer has no other executions against the debtor, the officer shall forthwith deposit it in the court from which the execution issued and notify the execution debtor by registered or certified mail at his last known post office address of such deposit, and make report thereof in his return of the execution.
Source:
SDC 1939 & Supp 1960, §33.1920.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-41 - Time of return of execution--Extension where levy made.

15-18-41. Time of return of execution--Extension where levy made.
The execution must be returned within sixty days after its receipt by the officer, and filed in the office of the court or its clerk. If within said sixty days the officer shall have levied under said execution, the time for return is extended for sixty days from the date of such levy and, if an additional or several levies be made, it is extended for a period of sixty days after the date of the last levy.
Source:
SDC 1939 & Supp 1960, §33.1922.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-42 - Contents and verification of return of execution.

15-18-42. Contents and verification of return of execution.
The return of the officer must be verified by him or his deputy and must show with reasonable detail all his proceedings from the time of receipt of such levy to the final return thereof and all items of receipts and disbursements from funds in disposition of property, and fees and expenses, and must report the net amount credited toward satisfaction of the judgment and any surplus or deficiency remaining, and generally, must show compliance with all provisions of this code relating to such matters.
Source:
SDC 1939 & Supp 1960, §33.1922.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-43 - Mailing of return of execution issued in another county--Officer not liable for delay in mails.

15-18-43. Mailing of return of execution issued in another county--Officer not liable for delay in mails.
When execution shall be issued in any county, and directed to an officer of another county, it shall be lawful for such officer having the execution, after having discharged all the duties required of him by law to transmit such execution by mail to the clerk who issued the same. On proof being made by such officer that the execution was mailed soon enough to have reached such clerk within the time prescribed by law, the officer shall not be liable for any amercement or penalty, if it does not reach the office in due time.
Source:
SDC 1939 & Supp 1960, §33.1922; SL 1973, ch 126, §10.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 18 - Execution Of Judgments › Section 15-18-44 - Neglect of duty by officer as contempt of court--Liability in damages--Amercement.

15-18-44. Neglect of duty by officer as contempt of court--Liability in damages--Amercement.
If an officer to whom any writ, warrant, or execution is delivered, willfully neglects or fails to perform the duties required thereby or under the provisions of this chapter, which he may have authority to perform, he may be punished by the court as for contempt and shall be liable in damages to any person injured by such neglect or failure, and may be amerced therefor or the same recovered by civil action, as the party injured may elect.
Source:
SDC 1939 & Supp 1960, §33.1909.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-1 - Process under which sales made--Title conveyed to purchaser.

15-19-1. Process under which sales made--Title conveyed to purchaser.
Execution sales of property may be made under judgment, decree, order, writ, execution, or other appropriate process rendered and issued from any of the courts of this state having jurisdiction over the party and the subject matter, and when made in compliance with the statutes and rules of court, shall convey all the rights, titles, and interests of the party to the property involved.
Source:
SDC 1939 & Supp 1960, §33.2001.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-2 - Procedure governed by rules of court.

15-19-2. Procedure governed by rules of court.
The procedure for making the sales referred to in §15-19-1 and all records thereof shall be as prescribed by the rules of the Supreme Court of this state.
Source:
SDC 1939 & Supp 1960, §33.2001.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-3 - Publication of notice of sale of personal property--Contents--Posting in lieu of notice.

15-19-3. Publication of notice of sale of personal property--Contents--Posting in lieu of notice.
Public notice of all sales of personal property shall be given by the officer or person making the sale by publishing in some legal newspaper in the county where the sale is to be made, in one issue, at least ten days before the sale, a notice of sale, which shall contain the title of the action, a reference to the order, judgment, or execution pursuant to which the sale is made, and the date thereof; if on decree of foreclosure, or execution, the amount of the judgment; a description of the property to be sold, the terms of sale, and the time and place of sale.
If there be no legal newspaper in the county, the notice must be posted in five of the most public places in the county, not less than ten days before sale.
Source:
SDC 1939 & Supp 1960, §33.2002.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-4 - Perishable property sold by court order--Notice.

15-19-4. Perishable property sold by court order--Notice.
Perishable property may be sold by order of the court or a judge thereof, prescribing such notice, time, and manner of sale as may be reasonable, considering the character and condition of the property.
Source:
SDC 1939 & Supp 1960, §33.2003.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-5 - Time and place of sale of personal property--Access of bidders to property--Notice of place.

15-19-5. Time and place of sale of personal property--Access of bidders to property--Notice of place.
Sales of personal property under execution may be made on any day except Sunday and shall be made between the hours of nine in the morning and ten in the evening.
Such sales may be made at the front door of the courthouse or at any other public place within the county or at any private place, provided that public access thereto for inspection, bidding, and removal of the property is freely given at all times after the publication of the notice of sale and a reasonable time thereafter for removal of the property, and provided that all places fixed for a sale shall be described with certainty in the notice so that the public generally may readily locate the same.
Source:
SDC 1939 & Supp 1960, §33.2004; SL 1986, ch 166.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-6 - Property within view of bidders during sale--Designation of place of sale when property not capable of manual delivery.

15-19-6. Property within view of bidders during sale--Designation of place of sale when property not capable of manual delivery.
When the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and when it consists of property not conveniently capable of manual delivery, such as heavy machinery, stocks of goods, or grain in bulk, it may be held at such place as the officer conducting the sale may designate as most likely to enable him to secure the best price therefor. If it consists, in part, of property not capable of manual delivery, the officer conducting the sale shall likewise designate one place of sale most likely to produce the best price and have the property capable of manual delivery there for sale and sell the other property by description or sample.
Source:
SDC 1939 & Supp 1960, §33.2004.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-7 - Sale at public auction to highest bidder--Designation by debtor of order in which items offered.

15-19-7. Sale at public auction to highest bidder--Designation by debtor of order in which items offered.
Personal property must be sold on execution at public auction to the highest bidder. The property sold must be offered in such parcels and items as are likely to bring the highest price. A judgment debtor may direct the order in which the parcels or items of property are to be sold by a request in writing delivered to the officer before the sale, or orally if he be present at the sale.
Source:
SDC 1939 & Supp 1960, §33.2005.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-8 - Publication of notice of real property sale.

15-19-8. Publication of notice of real property sale.
Before making an execution sale of real property, the officer conducting the same shall cause public notice thereof to be given by advertisement published in a legal newspaper, published in each county wherein any part of it is situated, once each week for four consecutive weeks, prior to the date of sale. If publication is made upon at least one day in each calendar week, the same shall be sufficient, even though more or less than seven days may intervene between publications. If no newspaper is published in such county, the notice must be published in the nearest legal newspaper in the state likely to give notice, and the designation of such newspaper by the sheriff, and subsequent confirmation of the sale by the court, shall be conclusive as to such designated newspaper being the proper paper for such publication of such notice thereof.
Source:
SDC 1939, §33.2006; Supreme Court Rule adopted September 12, 1942.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-9 - Contents of notice of real property sale.

15-19-9. Contents of notice of real property sale.
The notice of sale of real property must state the title of the proceeding under which it is made; the decree, order, or execution, which is authority for the sale, must be named and referred to by the date thereof; the amount of the judgment or other lien upon which sale is to be made; the legal description of the property to be sold; that such sale will be made to the highest bidder for cash; if the sale be upon special execution, on a decree of foreclosure, the notice shall also state whether there are prior liens of record and if there are the nature and amount of such liens so far as can be ascertained from the records; whether or not the property is sold subject to redemption; and the time and place of sale.
Source:
SDC 1939, §33.2006; Supreme Court Rule adopted September 12, 1942.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-10 - Time and place of real property sales.

15-19-10. Time and place of real property sales.
Judicial sales of real estate may be held on any day except Sunday and must be held between the hours of nine o'clock in the forenoon and four o'clock in the afternoon.
Such sales shall be held at the front door of the courthouse of the county in which the real property is situated, except as provided in §§15-19-11 and 15-19-12.
Source:
SDC 1939 & Supp 1960, §33.2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-11 - Foreclosure sale of real estate situated in several counties.

15-19-11. Foreclosure sale of real estate situated in several counties.
If the real estate is sold pursuant to a judgment of foreclosure of a mortgage or other lien in which real estate situated in several counties is described and which instrument has been duly recorded prior to the commencement of the action, in all of said counties, or if it is sold pursuant to an attachment of real estate in several counties and the notice of levy of such attachment has been duly recorded in all such counties, any or all of said real estate may be sold in the county in which the judgment was rendered, by the sheriff of such county, unless the court shall in the judgment of foreclosure or upon the attachment proceedings otherwise specifically direct.
Source:
SDC 1939 & Supp 1960, §33.2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-12 - Place of sale of real property where no courthouse in county.

15-19-12. Place of sale of real property where no courthouse in county.
In any case where there is no courthouse in the county where a judicial sale of real estate is to be made, the same may be made at the door of the building in which the circuit court was last held. If there has been no circuit court held in such county, and there is no courthouse therein, then the officer making the sale shall designate some public place for the same.
Source:
SDC 1939 & Supp 1960, §33.2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-13 - Real property sold at public auction to highest bidder.

15-19-13. Real property sold at public auction to highest bidder.
Execution sales of real property must be made at public auction, to the highest bidder, for cash.
Source:
SDC 1939 & Supp 1960, §33.2008.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-14 - Distinct parcels of real property sold separately--Exceptions.

15-19-14. Distinct parcels of real property sold separately--Exceptions.
When the real property consists of several distinct farms, tracts, lots, or parcels, they must be sold separately, unless:
(1)They consist of platted lots having a structure partly upon each, in which case they must be sold as one tract; or
(2)There is a paramount lien upon two or more separate farms, tracts, lots, or parcels, in which case such distinct farms, tracts, lots, or parcels must be sold as one tract, subject to such paramount lien.
Source:
SDC 1939 & Supp 1960, §33.2008.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-15 - Order of sale of parcels of real property designated by owner or judgment debtor.

15-19-15. Order of sale of parcels of real property designated by owner or judgment debtor.
The owner of the property, person liable for or upon a lien against the same, or the judgment debtor may by written notice served on the sheriff or other person making the sale, before the time of sale, or personally at the time and place of sale, direct the order in which the several known lots, parcels, or tracts of real property shall be sold, and the sheriff or other person making the sale shall offer the lands accordingly, unless to do so he would be required to violate the provisions of subdivision 15-19-14(1) or (2).
Source:
SDC 1939 & Supp 1960, §33.2008.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-16 - Real property sale terminated when sufficient amount raised.

15-19-16. Real property sale terminated when sufficient amount raised.
When the total amount realized from the sale of one or more distinct farms, tracts, lots, or parcels of real property equals or exceeds the amount necessary to satisfy the judgment, no more property shall be sold.
Source:
SDC 1939 & Supp 1960, §33.2008.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-17 - Title acquired by purchaser of real property--Right of redemption.

15-19-17. Title acquired by purchaser of real property--Right of redemption.
Upon a sale of real property the purchaser is substituted to, and acquires all the right, title, interest, and claim of the judgment debtor thereto; and when the estate is less than a leasehold of two years unexpired term, the sale is absolute. In all other cases the real property is subject to redemption as provided in this code.
Source:
SDC 1939 & Supp 1960, §33.2009.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-17.1 - Debtor entitled to harvest crops planted prior to issuance of deed.

15-19-17.1. Debtor entitled to harvest crops planted prior to issuance of deed.
Whenever crops have been sown on the debtor's premises, before the issuance of a sheriff's deed, the debtor shall be entitled to the crops grown thereon and the right to enter on the premises to harvest the crops after the issuance of the deed.
Source:
SL 1986, ch 177, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-18 - Real property purchaser's title unaffected by reversal of judgment--Restitution by judgment creditor.

15-19-18. Real property purchaser's title unaffected by reversal of judgment--Restitution by judgment creditor.
If any judgment, in satisfaction of which any real property be sold, shall at any time thereafter be reversed, such reversal shall not defeat or affect the title of the purchaser; but in such case restitution must be made by the judgment creditor of the money for which such real property was sold, with lawful interest thereon from the day of sale.
Source:
SDC 1939 & Supp 1960, §33.2009.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-19 - Certificate of sale issued to purchaser of real property--Contents--Execution and recording--Prima facie evidence.

15-19-19. Certificate of sale issued to purchaser of real property--Contents--Execution and recording--Prima facie evidence.
Upon the execution sale of real property the officer making the sale must give to the purchaser a certificate of sale containing:
(1)A particular description of the real property sold;
(2)The price bid for each distinct lot or parcel;
(3)The whole price paid;
(4)A statement of the time within which redemption may be made if property be sold subject to redemption, which time shall begin to run only from date of sale;
(5)The name and address of the purchaser.
Such certificate must be executed by the officer and acknowledged and must be recorded in the office of the register of deeds of the county wherein the real property is situated.
Such certificate of sale or the record thereof in the office of the register of deeds shall be prima facie evidence of the facts therein recited.
Source:
SDC 1939 & Supp 1960, §33.2010.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-20 - Return of sale of real property--Contents.

15-19-20. Return of sale of real property--Contents.
The officer or person making an execution sale of real property shall within ten days after such sale file in the court a verified written return of such sale reciting generally his proceedings and which must contain among other things, the following:
(1)A description of the judgment, execution, order, and other authority for making the sale, which description may be made by reference sufficient to identify the same;
(2)Proof of publication of notice of sale and copy of the notice as published;
(3)A description of the property sold, the price bid and paid for each part thereof, and the name of the purchaser;
(4)A fully itemized statement and account of the items due and the costs, fees, and expenses of the sale, and the total amount realized and the surplus or deficiency, if any;
(5)If the order of sale was directed by the owner, debtor, or other person having authority so to do, a recital of such proceedings;
(6)A statement that the said sale was in all respects lawfully and honestly conducted and that the officer conducting the sale was not directly or indirectly interested therein in his private or individual right;
(7)A statement of any postponements of the sale and proof of publication or announcement of notice thereof.
Source:
SDC 1939 & Supp 1960, §33.2011.