South Dakota Codified Laws 21-18-6. Garnishee summons annexed to affidavit–Form
The plaintiff shall annex or subjoin to the garnishment affidavit a garnishee summons, which shall be in substantially the following form:
Terms Used In South Dakota Codified Laws 21-18-6
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Summons: Another word for subpoena used by the criminal justice system.
State of South Dakota,
County of __________ ss. ________ Court
A. B., Plaintiff, vs.
C. D., Defendant, and
E. F., Garnishee.
The State of South Dakota to the said Garnishee:
You are hereby summoned pursuant to the annexed affidavit, as a garnishee of the defendant, C. D., and required within thirty days after the service of this summons upon you, exclusive of the day of service, to answer, according to law, whether you are indebted to or have in your possession or under your control any property, real or personal, belonging to such defendant, and to serve a copy of your answer on the undersigned at ________ in the county of ________; and in case of your failure so to do, you will be liable to further proceedings according to law; of which the said defendant will also take notice.
___________________________
Attorney for Plaintiff
P. O. Address ________ County, S. Dak.
Source: SL 1909, ch 156, § 3; RC 1919, § 2455; SDC 1939 & Supp 1960, § 37.2803.