There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 18. Garnishment Of Debts And Property
- §21-18-1 Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment.
- §21-18-2 Plaintiff and defendant defined.
- §21-18-2.1 Earnings subject to garnishment.
- §21-18-3 Plaintiff's affidavit for garnishment--Time of filing--Contents.
- §21-18-3.1 Garnishment of earnings prohibited prior to judgment.
- §21-18-4 Affidavit covering more than one garnishee--Joint and several proceedings.
- §21-18-5 Additional statements when state made garnishee.
- §21-18-6 Garnishee summons annexed to affidavit--Form.
- §21-18-7 Service of summons, affidavit, and garnishment disclosure on garnishee.
- §21-18-8 Service of summons, affidavit, and garnishment disclosure when state is garnishee.
- §21-18-9 Fee paid to garnishee for expense of garnishment disclosure.
- §21-18-10 Service of garnishee summons and affidavit on defendant.
- §21-18-11 Manner of service of summons, affidavit, and garnishment disclosure--Return--Time for service--Payment and retention of property by garnishee.
- §21-18-12 Liability of garnishee to plaintiff after service of summons.
- §21-18-13 Property held under void title included in garnishee's liability.
- §21-18-14 Judgment not rendered on garnishee's future or contingent liability.
- §21-18-14.1 Continuing lien on wages--Caption of garnishee summons--Disclosure forms.
- §21-18-14.2 Repealed.
- §21-18-15 Judgment not rendered on garnishee's liability on negotiable instrument.
- §21-18-16 Judgment not rendered on foreign corporation's liability paid by negotiable instrument.
- §21-18-17 Judgment not rendered on carrier's liability for property in interstate commerce.
- §21-18-18 Judgment not rendered against officer for property collected on legal process.
- §21-18-19 Judgment not rendered on money accountable by public officer.
- §21-18-20 Demand by garnishee for complaint in principal action--Dismissal on failure to serve.
- §21-18-21 Defendant's undertaking to release garnishment--Amount and terms--Justification by sureties.
- §21-18-22 Notice to plaintiff of defendant's undertaking--Exceptions and justification by sureties--Discharge of garnishees and return of property.
- §21-18-23 Partial release of garnished funds on application by defendant.
- §21-18-24 Subsequent proceedings against additional or discharged garnishees--Summons and trial in other counties.
- §21-18-25 Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings.
- §21-18-26 Garnishee's affidavit denying liability--Form.
- §21-18-27 Garnishee's garnishment disclosure liability--Time of filing--Contents.
- §21-18-27.1 Service of garnishment disclosure form on garnishee--Contents of form.
- §21-18-28 Disclosure of liability when state is garnishee.
- §21-18-29 Disclosure by garnishee not made on information and belief--State excepted.
- §21-18-30 Garnishee's answer conclusive unless issue taken--Trial of issues.
- §21-18-31 Motion for order on answer of garnishee and defendant--Affidavit.
- §21-18-32 Payment to officer or clerk by garnishee--Discharge.
- §21-18-33 Retention of property disclosed by garnishee until expiration of garnishment, levy, release, or court order--Return of property to defendant.
- §21-18-34 Payment to clerk by state as garnishee--Exoneration of state.
- §21-18-35 Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of notice on claimant.
- §21-18-36 Answer or defense by adverse claimant--Judgment on default.
- §21-18-37 Answer by other parties to affirmative claim set up by adverse claimant.
- §21-18-38 Default judgment for adverse claimant--Trial of issues on adverse claim.
- §21-18-39 Judgment against garnishee on failure to answer.
- §21-18-40 Judgment not entered against state as garnishee--Summons of state operating as assignment.
- §21-18-41 Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.
- §21-18-42 Defense of garnishment proceedings by principal defendant--Grounds.
- §21-18-43 Defense of principal action by garnishee.
- §21-18-44 Garnishment proceedings deemed civil action--Procedural rules applicable.
- §21-18-45 Trial of garnishment action deferred until judgment in principal action--Dismissal on judgment for defendant.
- §21-18-46 Right to jury trial in garnishment proceedings.
- §21-18-47 Terms of judgment on garnishment proceedings--Orders for sale or disposition of property.
- §21-18-48 Judgment against garnishee as discharge of liability to defendant.
- §21-18-49 Costs awarded in garnishment proceedings.
- §21-18-50 Storage and maintenance expenses allowed to garnishee--Possessory lien.
- §21-18-51 Maximum amount subject to garnishment.
- §21-18-52 Maximum garnishment allowed for support of any person.
- §21-18-53 Extent of debtor exemption.
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