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2023 South Dakota Codified Laws
Title 21 - Judicial Remedies
Chapter 19 - Claim Of Homestead And Personal Property Exemptions
- Section 21-19-1 - Definition of terms.
- Section 21-19-2 - Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit.
- Section 21-19-3 - Notice of levy on property--Contents--Statement as to claim of exemptions.
- Section 21-19-4 - Service on debtor of notice of levy.
- Section 21-19-5 - Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.
- Section 21-19-6 - Court order for substitute method of making service.
- Section 21-19-7 - Retention of property levied after notice to debtor.
- Section 21-19-8 - Sale of perishable property seized--Retention of proceeds.
- Section 21-19-9 - Time allowed for claim of exemptions--Claim by debtor's dependent.
- Section 21-19-10 - Contents of claim of exemptions--Schedule of property.
- Section 21-19-11 - Verification of claim required.
- Section 21-19-12 - Failure to claim additional exemptions as waiver.
- Section 21-19-13 - Relief from default in claiming exemptions--Effect on prior proceedings.
- Section 21-19-14 - Procedure for claim exclusive except as to absolute exemptions.
- Section 21-19-15 - Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.
- Section 21-19-16 - Retention of property claimed as exempt until final determination.
- Section 21-19-17 - Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.
- Section 21-19-18 - Release of exempt property on failure of creditor to answer.
- Section 21-19-19 - Creditor's answer to claim of exemptions--Specification of disputed facts and valuations.
- Section 21-19-20 - Disputed valuation of homestead--Demand for appraisal.
- Section 21-19-21 - Appointment of appraisers.
- Section 21-19-22 - Specification of items to be appraised--Undisputed valuations--Appraisal of homestead.
- Section 21-19-23 - Appraisement at fair market value--Completion and filing of appraisement.
- Section 21-19-24 - Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on appraisement.
- Section 21-19-25 - Amendment of papers filed.
- Section 21-19-26 - Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.
- Section 21-19-27 - Valuation of additional property to permit full benefit of exemptions--Selection and release of additional property.
- Section 21-19-28 - Division and setting aside homestead exceeding limitations--Court order where division not feasible.
- Section 21-19-29 - Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment by debtor.
- Section 21-19-30 - Stay of proceedings on appeal from order--Security required.
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