§ 43-45-1 Scope of exemptions of personal property
§ 43-45-2 Property absolutely exempt
§ 43-45-3 Homestead absolutely exempt–Extent of exemption when homestead sold or dividedby court order
§ 43-45-4 Additional property exemptions–Selection and appraisal
§ 43-45-6 Proceeds of life insurance payable to estate of decedent–Rights of surviving spouseor minor children–Amount of exemption–Payment discharging insurer fromliability
§ 43-45-7 Persons to whom exemptions do not apply
§ 43-45-8 Exemption not allowed for purchase money or construction costs
§ 43-45-9 Debt incurred for property obtained under false pretenses–Allowance only ofabsolute exemptions
§ 43-45-10 Judgment for fines, penalties, or costs of criminal prosecutions–Limited exemptions
§ 43-45-11 Judgment for forfeiture of undertakings and bonds taken in criminal cases–Limitedexemptions
§ 43-45-12 Inventory and appraisement of exempted or other personal property–Return byofficer having process of levy or sale
§ 43-45-13 Certain federal bankruptcy exemptions not available
§ 43-45-14 Exemption of earnings from garnishment process or levy-Bankruptcy
§ 43-45-15 Legislative intent
§ 43-45-16 Exemption from process for certain retirement benefits–Right of state to collect
§ 43-45-17 Employee benefit plan defined
§ 43-45-18 Court determination of appropriate exemption
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Terms Used In South Dakota Codified Laws > Title 43 > Chapter 45 - Personal Property Exempt From Process

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • 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.