As used in this chapter unless the context otherwise plainly requires:

(1) “Absolute exemptions” means property which, under chapters 43-31 and 43-45, is absolutely exempt from levy;

Terms Used In South Dakota Codified Laws 21-19-1

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Claim: means a claim of exemptions as provided in this chapter. See South Dakota Codified Laws 21-19-1
  • Court: means the court wherein the action is brought in which action the levy is made. See South Dakota Codified Laws 21-19-1
  • Creditor: means a person for whose benefit any such process is used. See South Dakota Codified Laws 21-19-1
  • Debtor: means a person on whose property levy has been made. See South Dakota Codified Laws 21-19-1
  • Dependent: A person dependent for support upon another.
  • 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
  • Levy: means any garnishment, attachment, or any seizure or levy whatsoever under execution or any other judicial process for the purpose of satisfying or securing the claim or demand of a creditor. See South Dakota Codified Laws 21-19-1
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: means any property whether real, personal, or mixed. See South Dakota Codified Laws 21-19-1

(2) “Additional exemptions” means additional property which may be claimed as exempt under chapter 43-45;

(3) “Claim” means a claim of exemptions as provided in this chapter;

(4) “Claimant” means a debtor or a dependent of debtor making claim of exemptions;

(5) “Court” means the court wherein the action is brought in which action the levy is made;

(6) “Creditor” means a person for whose benefit any such process is used;

(7) “Debtor” means a person on whose property levy has been made;

(8) “Levy” means any garnishment, attachment, or any seizure or levy whatsoever under execution or any other judicial process for the purpose of satisfying or securing the claim or demand of a creditor;

(9) “Officer” means a person making such levy;

(10) “Property” means any property whether real, personal, or mixed.

Source: SDC 1939 & Supp 1960, § 37.4901.