§ 21-18-1 Actions or small claims proceedings in which garnishment available–Persons andagencies subject to garnishment
§ 21-18-2 Plaintiff and defendant defined
§ 21-18-2.1 Earnings subject to garnishment
§ 21-18-3 Plaintiff’s affidavit for garnishment–Contents
§ 21-18-3.1 Garnishment prohibited before judgment
§ 21-18-4 Affidavit covering more than one garnishee–Joint and several proceedings
§ 21-18-6 Garnishee summons annexed to affidavit–Form
§ 21-18-7 Service of summons, affidavit, and garnishment disclosure on garnishee
§ 21-18-8 Service of summons, affidavit, and garnishment disclosure when state is garnishee
§ 21-18-9 Fee paid to garnishee for expense of garnishment disclosure
§ 21-18-10 Service of garnishee summons and affidavit on defendant
§ 21-18-11 Time and manner of service of summons, affidavit, and garnishment disclosure–Return–Payment or retention of property by garnishee
§ 21-18-12 Liability of garnishee to plaintiff after service of summons
§ 21-18-13 Property held under void title included in garnishee’s liability
§ 21-18-14.1 Continuing lien on wages–Caption of garnishee summons–Disclosure forms
§ 21-18-15 Judgment not rendered on garnishee’s liability on negotiable instrument
§ 21-18-16 Judgment not rendered on foreign corporation’s liability paid by negotiableinstrument
§ 21-18-17 Judgment not rendered on carrier’s liability for property in interstate commerce
§ 21-18-18 Judgment not rendered against officer for property collected on legal process
§ 21-18-19 Judgment not rendered on money accountable by public officer
§ 21-18-23 Partial release of garnished funds on application by defendant
§ 21-18-24 Subsequent proceedings against additional or discharged garnishees–Summons andtrial in other counties
§ 21-18-25 Actions by principal defendant against garnishee prohibited during garnishment–Stayof pending proceedings
§ 21-18-26 Garnishee’s affidavit denying liability–Form
§ 21-18-27 Garnishee’s garnishment disclosure liability–Time of filing–Contents
§ 21-18-27.1 Service of garnishment disclosure form on garnishee–Contents of form
§ 21-18-28 Disclosure of liability when state is garnishee
§ 21-18-29 Disclosure by garnishee not made on information and belief–State excepted
§ 21-18-30 Garnishee’s answer conclusive unless issue taken–Trial of issues
§ 21-18-31 Motion for order on answer of garnishee and defendant–Affidavit
§ 21-18-32 Payment to officer or clerk by garnishee–Discharge
§ 21-18-33 Retention of property disclosed by garnishee until expiration of garnishment, levy,release, or court order–Return of property to defendant
§ 21-18-34 Payment to clerk by state as garnishee–Exoneration of state
§ 21-18-35 Order to interplead adverse claimant disclosed by garnishee–Payment by garnisheeand discharge–Service of notice on claimant
§ 21-18-36 Answer or defense by adverse claimant–Judgment on default
§ 21-18-37 Answer by other parties to affirmative claim set up by adverse claimant
§ 21-18-38 Default judgment for adverse claimant–Trial of issues on adverse claim
§ 21-18-39 Judgment against garnishee on failure to answer
§ 21-18-40 Judgment not entered against state as garnishee–Summons of state operating asassignment
§ 21-18-41 Order for payment by state as garnishee after judgment against principal defendant–Service and payment by state auditor
§ 21-18-42 Defense of garnishment proceedings by principal defendant–Grounds
§ 21-18-43 Defense of action by garnishee
§ 21-18-44 Garnishment proceedings deemed civil action–Procedural rules applicable
§ 21-18-46 Right to jury trial in garnishment proceedings
§ 21-18-47 Terms of judgment on garnishment proceedings–Orders for sale or disposition ofproperty
§ 21-18-48 Judgment against garnishee as discharge of liability to defendant
§ 21-18-49 Costs awarded in garnishment action
§ 21-18-50 Storage and maintenance expenses allowed to garnishee–Possessory lien
§ 21-18-51 Maximum amount subject to garnishment
§ 21-18-52 Maximum garnishment allowed for support of any person
§ 21-18-53 Extent of debtor exemption
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 18 - Garnishment of Debts and Property

  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.