South Dakota Codified Laws 21-19-15. Absolute exemptions not waived by failure to claim–Proceedings to reach homesteadexceeding exemption
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Failure to claim absolute exemptions shall not constitute a waiver, and no rights whatsoever shall be acquired through or by any levy on property absolutely exempt. But proceedings may be had as provided by this chapter to reach under levy any part of the debtor‘s homestead which is in excess of the homestead exemption as provided by law.
Terms Used In South Dakota Codified Laws 21-19-15
- Absolute exemptions: means property which, under chapters 43-31 and 43-45, is absolutely exempt from levy. See South Dakota Codified Laws 21-19-1
- Claim: means a claim of exemptions as provided in this chapter. 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 & Supp 1960, § 37.4904.