South Dakota Codified Laws 21-19-18. Release of exempt property on failure of creditor to answer
Current as of: 2023 | Check for updates
|
Other versions
Unless the creditor within three days of service on him of a claim under §§ 21-19-9 to 21-19-13, inclusive, files and serves on the claimant an answer to such claim, the court shall forthwith and ex parte make an order allowing the exemptions as claimed and directing the release of such exempt property from the levy.
Terms Used In South Dakota Codified Laws 21-19-18
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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
- 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
- Property: means any property whether real, personal, or mixed. See South Dakota Codified Laws 21-19-1
Source: SDC 1939 & Supp 1960, § 37.4905.