2020 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, ยง37.5001.
