South Dakota Codified Laws 21-19-27. Valuation of additional property to permit full benefit of exemptions–Selection andrelease of additional property
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If, to do substantial justice to the debtor with reference to allowing him to select property to the full amount of his additional exemptions as provided by law, it is necessary to fix the value of items of property not included in property originally claimed as exempt, and the parties cannot agree as to valuations, the court may determine the value of such items. If the debtor fails or refuses to make a new selection of additional exemptions, the court shall make it for him. Upon the selection being finally made the court shall order the additional exemptions set aside and released from the levy.
Terms Used In South Dakota Codified Laws 21-19-27
- Additional exemptions: means additional property which may be claimed as exempt under chapter 43-45. 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
- 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
- Property: means any property whether real, personal, or mixed. See South Dakota Codified Laws 21-19-1
Source: SDC 1939, § 37.4909; SL 1957, ch 186, § 3.