South Dakota Codified Laws 21-18-31. Motion for order on answer of garnishee and defendant–Affidavit
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The plaintiff may in all cases move the court upon the answer of the garnishee and of the defendant, if the defendant shall also answer, for such order as the plaintiff is entitled to thereon. Such order is not a bar beyond the facts stated in such answers. The plaintiff shall attach an affidavit to the motion setting forth:
(1) Amount that is owed on judgment and accrued interest;
Terms Used In South Dakota Codified Laws 21-18-31
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
(2) Additional costs claimed;
(3) Credit for any payments made;
(4) Net balance due;
(5) Specific request for payment of the garnished amount sufficient to satisfy judgment; and
(6) Any surplus shall be returned to defendant.
Source: SL 1909, ch 156, § 12; RC 1919, § 2464; SDC 1939 & Supp 1960, § 37.2815; SL 2009, ch 110, § 1.