South Dakota Codified Laws 21-19-3. Notice of levy on property–Contents–Statement as to claim of exemptions
A notice of levy may be given by the creditor or the officer and shall set forth:
(1) A brief description of the process under which the levy was made, with the names of the parties to the action;
Terms Used In South Dakota Codified Laws 21-19-3
- 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
- Additional exemptions: means additional property which may be claimed as exempt under chapter 43-45. 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
- Creditor: means a person for whose benefit any such process is used. 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
- Dependent: A person dependent for support upon another.
- 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
- Officer: means a person making such levy. 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
(2) The date of the levy and the name and official designation of the officer making the levy;
(3) A list of the property on which the levy was made;
(4) A statement that the debtor, within five days after service of the notice or within eight days after actual mailing thereof in the event of service by registered or certified mail, may claim exemptions allowed by law in addition to his absolute exemptions and that any dependent of a debtor may make such claim within five days after expiration of the period within which the debtor may make such claim, and that unless such debtor or such dependent makes such claim within such time, such failure to make such claim except as otherwise specifically provided by law, will be deemed a waiver of such additional exemptions.
Source: CCivP 1877, § 331; CL 1887, § 5135; SL 1893, ch 19; RCCivP 1903, § 360; RC 1919, § 2667; SDC 1939 & Supp 1960, § 37.4902.