Persons to whom exemptions do not apply.

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43-45-7. Persons to whom exemptions do not apply.

Except those made absolute, the exemptions provided by this chapter do not apply to the following persons:

(1)To a nonresident;

(2)To a debtor who is in the act of removing with his family from the state;

(3)To a debtor who has absconded, taking with him his family;

(4)To a debtor for the necessaries of life, including only food, clothing, and fuel, provided for the debtor or his family;

(5)To a debtor for assistance or services furnished by the state to or on behalf of his children or spouse, by virtue of assignment of support rights to the state;

(6)To a debtor for child and spousal support obligations; or

(7)To a debtor for assistance or services furnished to the debtor by or through the Department of Social Services.

Source: Subdivs. (1) to (3): CCivP 1877, §333; CL 1887, §5138; RCCivP 1903, §363; RC 1919, §2670; SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, §332; SL 1881, ch 34, §1; CL 1887, §5136; RCCivP 1903, §361; SL 1911, ch 150; RC 1919, §2668; omitted SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, §61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.


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