§ 21-19-1 Definition of terms
§ 21-19-2 Affidavit required to levy on homestead in excess of exemption–Contents–Filingand service of notice of levy and affidavit
§ 21-19-3 Notice of levy on property–Contents–Statement as to claim of exemptions
§ 21-19-4 Service on debtor of notice of levy
§ 21-19-5 Effect of levy made without notice–Time allowed for claim of exemptions–Restoration on claim of exemptions without notice of levy
§ 21-19-6 Court order for substitute method of making service
§ 21-19-7 Retention of property levied after notice to debtor
§ 21-19-8 Sale of perishable property seized–Retention of proceeds
§ 21-19-9 Time allowed for claim of exemptions–Claim by debtor’s dependent
§ 21-19-10 Contents of claim of exemptions–Schedule of property
§ 21-19-11 Verification of claim required
§ 21-19-12 Failure to claim additional exemptions as waiver
§ 21-19-13 Relief from default in claiming exemptions–Effect on prior proceedings
§ 21-19-14 Procedure for claim exclusive except as to absolute exemptions
§ 21-19-15 Absolute exemptions not waived by failure to claim–Proceedings to reach homesteadexceeding exemption
§ 21-19-16 Retention of property claimed as exempt until final determination
§ 21-19-17 Application and order for immediate release of items of definite value–Earningsnecessary for support of debtor and family
§ 21-19-18 Release of exempt property on failure of creditor to answer
§ 21-19-19 Creditor’s answer to claim of exemptions–Specification of disputed facts andvaluations
§ 21-19-20 Disputed valuation of homestead–Demand for appraisal
§ 21-19-21 Appointment of appraisers
§ 21-19-22 Specification of items to be appraised–Undisputed valuations–Appraisal ofhomestead
§ 21-19-23 Appraisement at fair market value–Completion and filing of appraisement
§ 21-19-24 Hearing on appraisement–Valuations accepted unless questioned–Recitals in courtorder on appraisement
§ 21-19-25 Amendment of papers filed
§ 21-19-26 Order releasing exempt property–Amended claim where exemptions claimed exceedlimitations
§ 21-19-27 Valuation of additional property to permit full benefit of exemptions–Selection andrelease of additional property
§ 21-19-28 Division and setting aside homestead exceeding limitations–Court order wheredivision not feasible
§ 21-19-29 Sale of homestead–Disposition of proceeds–Postponement of sale to permit paymentby debtor
§ 21-19-30 Stay of proceedings on appeal from order–Security required
bankruptcy

Ask a bankruptcy law question, get an answer ASAP!
Thousands of highly rated, verified bankruptcy lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws > Title 21 > Chapter 19 - Claim of Homestead and Personal Property Exemptions

  • Absolute exemptions: means property which, under chapters 43-31 and 43-45, is absolutely exempt from levy. See South Dakota Codified Laws 21-19-1
  • Additional exemptions: means additional property which may be claimed as exempt under chapter 43-45. See South Dakota Codified Laws 21-19-1
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Claim: means a claim of exemptions as provided in this chapter. See South Dakota Codified Laws 21-19-1
  • Claimant: means a debtor or a dependent of debtor making claim of exemptions. See South Dakota Codified Laws 21-19-1
  • Court: means the court wherein the action is brought in which action the levy is made. See South Dakota Codified Laws 21-19-1
  • Creditor: means a person for whose benefit any such process is used. See South Dakota Codified Laws 21-19-1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debtor: means a person on whose property levy has been made. See South Dakota Codified Laws 21-19-1
  • Dependent: A person dependent for support upon another.
  • 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.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Levy: means any garnishment, attachment, or any seizure or levy whatsoever under execution or any other judicial process for the purpose of satisfying or securing the claim or demand of a creditor. See South Dakota Codified Laws 21-19-1
  • Officer: means a person making such levy. See South Dakota Codified Laws 21-19-1
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: means any property whether real, personal, or mixed. See South Dakota Codified Laws 21-19-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.