South Dakota Codified Laws 21-19-13. Relief from default in claiming exemptions–Effect on prior proceedings
Default in the making of a claim of exemptions may be relieved at any time while such levy remains in force upon notice to the creditor, and upon showing satisfactory to the court of reasonable excuse. Relief from such default shall not in any manner whatever affect the validity of any proceedings previously had except:
(1) As to any sales made under such levy to any person who is in effect acting for the creditor or in collusion with the creditor, property so sold shall be treated as if in the possession of the creditor;
Terms Used In South Dakota Codified Laws 21-19-13
- 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
- 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
- Officer: means a person making such levy. 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) As to any property still in possession of the officer or in the possession of the creditor, whether through sales or otherwise or deemed in the possession of the creditor under subdivision (1) of this section; and as to proceeds of any sales other than sales specified in subdivision (1), the same shall be subject to claim of exemptions only upon such terms as the court deems just, which terms must be such that the creditor shall be reimbursed for all expenses, including reasonable attorney’s fees necessarily incurred subsequent to the time when such claim for exemptions should have been made as provided in § 21-19-9.
Source: SDC 1939 & Supp 1960, § 37.4903.