Plaintiff's affidavit for garnishment--Contents.

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21-18-3. Plaintiff's affidavit for garnishment--Contents.

In any action where garnishment is permitted, the plaintiff, or some person on the plaintiff's behalf, may make an affidavit stating that the plaintiff believes that a named person is indebted to, or has property, real or personal, in the person's possession or under the person's control belonging to the defendant, or either or any of the defendants in the action, naming him, and that such defendant has no property in this state other than property subject to garnishment under this chapter sufficient to satisfy the plaintiff's demand, and that the indebtedness or property mentioned in such affidavit is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt, and the amount of the claim sued upon.

Source: SDC 1939, §37.2802; SL 1939, ch 144; SL 1990, ch 157, §2; SL 2016, ch 116, §2.


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