South Dakota Codified Laws 21-19-26. Order releasing exempt property–Amended claim where exemptions claimed exceedlimitations
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If the claimant, on the basis of facts as shown by the claim and answer and as found by the court and on the basis of the valuations as determined, has not claimed as additional exemptions any more than allowed by law, the court shall order the same set aside and released from the levy. If the additional exemptions as claimed exceed the limitations provided by law, the claimant shall be allowed to make an amended claim within the limitations provided by law.
Terms Used In South Dakota Codified Laws 21-19-26
- Additional exemptions: means additional property which may be claimed as exempt under chapter 43-45. See South Dakota Codified Laws 21-19-1
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Claim: means a claim of exemptions as provided in this chapter. See South Dakota Codified Laws 21-19-1
- Claimant: means a debtor or a dependent of debtor making claim of exemptions. See South Dakota Codified Laws 21-19-1
- Court: means the court wherein the action is brought in which action the levy is 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
Source: SDC 1939, § 37.4909; SL 1957, ch 186, § 3.