South Dakota Codified Laws 21-18-27.1. Service of garnishment disclosure form on garnishee–Contents of form
A garnishment disclosure form shall be served upon the garnishee. The disclosure shall be substantially in the following form:
Terms Used In South Dakota Codified Laws 21-18-27.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Summons: Another word for subpoena used by the criminal justice system.
State of South Dakota ) In _______________ Court
) ss.
County of __________ ) __________
__________
Plaintiff
vs.
__________
Defendant
and Garnishment Disclosure
__________
Garnishee
I am the ______________ of the garnishee and duly authorized to disclose for the garnishee.
On the ______ day of ______________, 20____, the time of service of garnishee summons on the garnishee, there was due and owing the defendant from the garnishee the following:
1. Earnings. For the purposes of garnishment, “earnings” means compensation payable for personal service whether called wages, salary, commission, bonus or otherwise, and includes periodic payments. “Earnings” does not include social security benefits or veterans’ disability pension benefits, except when the benefits are subject to garnishment to enforce any order for the support of a dependent child. “Earnings” includes military retirement pay. “Disposable earnings” means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld (such as FICA, Medicare, and income tax withholding). If the garnishee summons was served upon you at a time when earnings from a prior completed pay period were owing but not paid, complete the following disclosure for earnings from both the past pay period and the current pay period.
a. Enter on the line below the amount of disposable earnings earned or to be earned by the defendant within the defendant’s pay periods which may be subject to garnishment.
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b. Enter on the line below forty times the hourly federal minimum wage (or state minimum wage, if greater) times the number of workweeks within the defendant’s pay periods which may be subject to garnishment plus twenty-five dollars per week for each dependent family member residing with the garnishment debtor other than the garnishment debtor himself or herself. When pay periods consist of other than a whole number of workweeks, each day of a pay period in excess of the number of completed workweeks shall be counted as a fraction of a workweek equal to the number of workdays divided by the number of workdays in the normal workweek.
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c. Enter on the line below the difference obtained (never less than zero) when line b is subtracted from line a.
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d. Enter on the line below twenty percent (1/5) of line a.
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e. Enter on the line below the lesser of line c and line d.
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