§ 21-17A-1 Attachment by creditor
§ 21-17A-2 Issuance and direction of writ–Contents
§ 21-17A-3 Affidavit required for execution in debt action–Contents
§ 21-17A-4 Affidavit required for execution in tort action–Contents
§ 21-17A-5 Action and writ on demand not due–Grounds–Affidavit–Bond–Damages and costsfor defendant
§ 21-17A-6 Amendment of affidavit
§ 21-17A-7 Bond required of plaintiff–Amount–Terms–Affidavit of surety–Exemption of stateand subdivisions
§ 21-17A-8 Additional security–Application by defendant–Joint sureties
§ 21-17A-9 Return–Papers filed–Time allowed
§ 21-17A-10 Service on defendant–Appraisal–Inventory–Lien created–Multiple writs executedon same property
§ 21-17A-11 Seizure of property
§ 21-17A-12 Real property attached by filing
§ 21-17A-13 Property subject to attachment–Personal property
§ 21-17A-14 Indemnification–Officer requiring
§ 21-17A-15 Sale of attached property–Grounds–Proceeds held in lieu of property
§ 21-17A-16 Keeping of property by officer–Collections–Legal proceedings
§ 21-17A-17 Defendant’s bond for release from attachment–Justification of sureties
§ 21-17A-18 Copy of defendant’s bond to plaintiff–Objection to sureties–Responsibility ofofficer
§ 21-17A-19 Modification of writ–Notice of motion–Combining motions
§ 21-17A-20 Motion to quash writ and release property–Service of notice of motion
§ 21-17A-21 Contents of notice of motion–Affidavit–Grounds
§ 21-17A-22 Hearing on motion–Order of court
§ 21-17A-23 Basis of determination–Additional evidence–Continuance
§ 21-17A-24 Priority of hearing on motion to quash
§ 21-17A-25 Findings and order of court on hearing–Costs taxed–Damages assessed at trial
§ 21-17A-26 Judgment for damages to defendant
§ 21-17A-27 Delivery of property on judgment for defendant–Action on plaintiff’s bond
§ 21-17A-28 Satisfaction of judgment for plaintiff–Delivery of remaining property
§ 21-17A-29 Plaintiff prosecuting actions officer authorized to bring–Indemnification of officer
§ 21-17A-30 Death of defendant–Satisfaction of judgment for plaintiff
§ 21-17A-31 Third party’s property–Application for release
§ 21-17A-32 Injunction not precluded
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 17A - Attachment of 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.
  • Appraisal: A determination of property value.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.