Claim Of Homestead And Personal Property Exemptions

  1. Law
  2. South Dakota Codified Laws
  3. Judicial Remedies
  4. Claim Of Homestead And Personal Property Exemptions

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Section
21-19-1

Definition of terms.

Section
21-19-2

Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit.

Section
21-19-3

Notice of levy on property--Contents--Statement as to claim of exemptions.

Section
21-19-4

Service on debtor of notice of levy.

Section
21-19-5

Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.

Section
21-19-6

Court order for substitute method of making service.

Section
21-19-7

Retention of property levied after notice to debtor.

Section
21-19-8

Sale of perishable property seized--Retention of proceeds.

Section
21-19-9

Time allowed for claim of exemptions--Claim by debtor's dependent.

Section
21-19-10

Contents of claim of exemptions--Schedule of property.

Section
21-19-11

Verification of claim required.

Section
21-19-12

Failure to claim additional exemptions as waiver.

Section
21-19-13

Relief from default in claiming exemptions--Effect on prior proceedings.

Section
21-19-14

Procedure for claim exclusive except as to absolute exemptions.

Section
21-19-15

Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.

Section
21-19-16

Retention of property claimed as exempt until final determination.

Section
21-19-17

Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.

Section
21-19-18

Release of exempt property on failure of creditor to answer.

Section
21-19-19

Creditor's answer to claim of exemptions--Specification of disputed facts and valuations.

Section
21-19-20

Disputed valuation of homestead--Demand for appraisal.

Section
21-19-21

Appointment of appraisers.

Section
21-19-22

Specification of items to be appraised--Undisputed valuations--Appraisal of homestead.

Section
21-19-23

Appraisement at fair market value--Completion and filing of appraisement.

Section
21-19-24

Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on appraisement.

Section
21-19-25

Amendment of papers filed.

Section
21-19-26

Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.

Section
21-19-27

Valuation of additional property to permit full benefit of exemptions--Selection and release of additional property.

Section
21-19-28

Division and setting aside homestead exceeding limitations--Court order where division not feasible.

Section
21-19-29

Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment by debtor.

Section
21-19-30

Stay of proceedings on appeal from order--Security required.