No right of payment of the bonus under §§ 33A-2-10 to 33A-2-33, inclusive, is subject to moneys or credit taxation, claims of creditors, garnishment, or assignment, nor may the right of payment be deemed an asset, legal or equitable, of the estate of a deceased veteran.

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Terms Used In South Dakota Codified Laws 33A-2-30

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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

Source: SL 1969, ch 173, § 10; SL 2007, ch 187, § 184; SDCL § 33-17-35; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011.