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South Dakota Laws > Title 21 > Chapter 18 - Garnishment Of Debts And Property

South Dakota Laws > Title 21 > Chapter 18 - Garnishment Of Debts And Property


Current as of: 2010
§ 21-18-1Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment
§ 21-18-2Plaintiff and defendant defined
§ 21-18-2.1Earnings subject to garnishment
§ 21-18-3Plaintiff's affidavit for garnishment--Time of filing--Contents
§ 21-18-3.1Garnishment of earnings prohibited prior to judgment
§ 21-18-4Affidavit covering more than one garnishee--Joint and several proceedings
§ 21-18-5Additional statements when state made garnishee
§ 21-18-6Garnishee summons annexed to affidavit--Form
§ 21-18-7Service of summons, affidavit, and garnishment disclosure on garnishee
§ 21-18-8Service of summons, affidavit, and garnishment disclosure when state is garnishee
§ 21-18-9Fee paid to garnishee for expense of garnishment disclosure
§ 21-18-10Service of garnishee summons and affidavit on defendant
§ 21-18-11Manner of service of summons, affidavit, and garnishment disclosure--Return--Time for service--Payment and retention of property by garnishee
§ 21-18-12Liability of garnishee to plaintiff after service of summons
§ 21-18-13Property held under void title included in garnishee's liability
§ 21-18-14Judgment not rendered on garnishee's future or contingent liability
§ 21-18-14.1Continuing lien on wages--Caption of garnishee summons--Disclosure forms
§ 21-18-15Judgment not rendered on garnishee's liability on negotiable instrument
§ 21-18-16Judgment not rendered on foreign corporation's liability paid by negotiable instrument
§ 21-18-17Judgment not rendered on carrier's liability for property in interstate commerce
§ 21-18-18Judgment not rendered against officer for property collected on legal process
§ 21-18-19Judgment not rendered on money accountable by public officer
§ 21-18-20Demand by garnishee for complaint in principal action--Dismissal on failure to serve
§ 21-18-21Defendant's undertaking to release garnishment--Amount and terms--Justification by sureties
§ 21-18-22Notice to plaintiff of defendant's undertaking--Exceptions and justification by sureties--Discharge of garnishees and return of property
§ 21-18-23Partial release of garnished funds on application by defendant
§ 21-18-24Subsequent proceedings against additional or discharged garnishees--Summons and trial in other counties
§ 21-18-25Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings
§ 21-18-26Garnishee's affidavit denying liability--Form
§ 21-18-27Garnishee's garnishment disclosure liability--Time of filing--Contents
§ 21-18-27.1Service of garnishment disclosure form on garnishee--Contents of form
§ 21-18-28Disclosure of liability when state is garnishee
§ 21-18-29Disclosure by garnishee not made on information and belief--State excepted
§ 21-18-30Garnishee's answer conclusive unless issue taken--Trial of issues
§ 21-18-31Motion for order on answer of garnishee and defendant--Affidavit
§ 21-18-32Payment to officer or clerk by garnishee--Discharge
§ 21-18-33Retention of property disclosed by garnishee until expiration of garnishment, levy, release, or court order--Return of property to defendant
§ 21-18-34Payment to clerk by state as garnishee--Exoneration of state
§ 21-18-35Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of notice on claimant
§ 21-18-36Answer or defense by adverse claimant--Judgment on default
§ 21-18-37Answer by other parties to affirmative claim set up by adverse claimant
§ 21-18-38Default judgment for adverse claimant--Trial of issues on adverse claim
§ 21-18-39Judgment against garnishee on failure to answer
§ 21-18-40Judgment not entered against state as garnishee--Summons of state operating as assignment
§ 21-18-41Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor
§ 21-18-42Defense of garnishment proceedings by principal defendant--Grounds
§ 21-18-43Defense of principal action by garnishee
§ 21-18-44Garnishment proceedings deemed civil action--Procedural rules applicable
§ 21-18-45Trial of garnishment action deferred until judgment in principal action--Dismissal on judgment for defendant
§ 21-18-46Right to jury trial in garnishment proceedings
§ 21-18-47Terms of judgment on garnishment proceedings--Orders for sale or disposition of property
§ 21-18-48Judgment against garnishee as discharge of liability to defendant
§ 21-18-49Costs awarded in garnishment proceedings
§ 21-18-50Storage and maintenance expenses allowed to garnishee--Possessory lien
§ 21-18-51Maximum amount subject to garnishment
§ 21-18-52Maximum garnishment allowed for support of any person
§ 21-18-53Extent of debtor exemption

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Questions & Answers: Garnishments

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