South Dakota Codified Laws 21-19-10. Contents of claim of exemptions–Schedule of property
The claim of exemptions under § 21-19-9 shall set forth the facts relevant to such claim, and if the claimant does not reside within the county where the levy is made, must show the name and address of a person residing within such county on whom any paper may be served with the same force as if served on the claimant. Such claim shall also set forth a schedule of all of debtor‘s property of every kind and character, including money on hand, debts due and owing the debtor, earnings of the debtor, property held by others for the debtor’s use and benefit, and all of the debtor’s property rights of every kind and description with the fair value of every item of property scheduled. Encumbrances, if any, and the amounts thereof shall be disclosed as to each item of property. At the conclusion of such schedule there shall be set forth all items of property claimed as exempt whether or not levy has been made thereon and showing what items are claimed as exempt whether or not levy has been made thereon and showing what items are claimed as absolute exemptions and what items are claimed as additional exemptions.
Terms Used In South Dakota Codified Laws 21-19-10
- Absolute exemptions: means property which, under chapters 43-31 and 43-45, is absolutely exempt from levy. See South Dakota Codified Laws 21-19-1
- Additional exemptions: means additional property which may be claimed as exempt under chapter 43-45. See South Dakota Codified Laws 21-19-1
- Claim: means a claim of exemptions as provided in this chapter. See South Dakota Codified Laws 21-19-1
- Claimant: means a debtor or a dependent of debtor making claim of exemptions. 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
- 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
Source: CCivP 1877, § 326; SL 1885, ch 55, § 1; CL 1887, § 5130; RCCivP 1903, § 355; RC 1919, § 2662; SDC 1939 & Supp 1960, § 37.4903.