Terms Used In South Dakota Codified Laws 22-24A-12

  • assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
  • Process: any writ, warrant, summons, or order issued in the course of judicial proceedings. See South Dakota Codified Laws 22-1-2
  • Property: anything of value, including, but not limited to, motor vehicles, real estate, tangible and intangible personal property, contract rights, choses-in-action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, services, and signatures which purport to create, maintain, or extinguish any legal obligation. See South Dakota Codified Laws 22-1-2
  • State: the State of South Dakota. See
Any person against whom a judgment has been rendered under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9 is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, 43-43B-1 to 43-43B-3, inclusive, and 22-23-2, 22-23-8, and 22-23-9 that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.

Source: SL 2002, ch 109, § 19; SDCL § 22-22-24.12; SL 2005, ch 120, § 407; SL 2014, ch 109, § 24; SL 2015, ch 129, § 2.