South Dakota Codified Laws 15-18-32. Abandonment of execution–Discharge of levies–Subsequent executions
The party for whom the execution was issued or the party’s attorney of record, or otherwise authorized, may abandon proceedings under any execution at any time by filing with the court from which issued a written statement of such abandonment, or by causing the writ to be returned and filed with an endorsement to the effect that it had been so abandoned, and by paying the costs of such execution and proceedings thereunder, including any actual out-of-pocket expenses and reasonable costs incurred by the sheriff, and by discharging of record any notice of levy which has been filed in any recording or registry office, and by releasing any property seized thereunder. All proceedings, notices, levies, and liens taken pursuant to such execution shall be deemed abandoned, discharged, and released upon the filing of such statement or endorsement. The abandonment of an execution as herein permitted shall be without prejudice to the issue of subsequent executions.
Terms Used In South Dakota Codified Laws 15-18-32
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Source: SDC 1939 & Supp 1960, § 33.1910; SL 2007, ch 129, § 1.