From the time of the service of the summons upon the garnishee, the garnishee is liable to the plaintiff to the amount of the property, money, credits, and effects in the garnishee’s possession or under the garnishee’s control belonging to the defendant, or in which the garnishee is interested, to the extent of the garnishee’s right or interest therein, and of all debts due to the defendant, except such as may be by law exempt from execution.

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Terms Used In South Dakota Codified Laws 21-18-12

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Summons: Another word for subpoena used by the criminal justice system.

Source: SL 1909, ch 156, § 17; RC 1919, § 2470; SDC 1939 & Supp 1960, § 37.2807; SL 2016, ch 116, § 8.