Section 15-18-39 – Surplus applied to other executions against debtor.
15-18-39. Surplus applied to other executions against debtor. If there be any surplus and if the officer has other unsatisfied executions against the debtor, he may apply such surplus towards satisfaction of the same in the order of their respective priorities and account for any final surplus as provided in §15-18-40. Source: SDC 1939 & […]
Section 15-18-40 – Surplus deposited in court–Notice to debtor.
15-18-40. Surplus deposited in court–Notice to debtor. If there be any surplus, and the officer has no other executions against the debtor, the officer shall forthwith deposit it in the court from which the execution issued and notify the execution debtor by registered or certified mail at his last known post office address of such […]
Section 15-18-41 – Time of return of execution–Extension where levy made.
15-18-41. Time of return of execution–Extension where levy made. The execution must be returned within sixty days after its receipt by the officer, and filed in the office of the court or its clerk. If within said sixty days the officer shall have levied under said execution, the time for return is extended for sixty […]
Section 15-18-42 – Contents and verification of return of execution.
15-18-42. Contents and verification of return of execution. The return of the officer must be verified by him or his deputy and must show with reasonable detail all his proceedings from the time of receipt of such levy to the final return thereof and all items of receipts and disbursements from funds in disposition of […]
Section 15-18-43 – Mailing of return of execution issued in another county–Officer not liable for delay in mails.
15-18-43. Mailing of return of execution issued in another county–Officer not liable for delay in mails. When execution shall be issued in any county, and directed to an officer of another county, it shall be lawful for such officer having the execution, after having discharged all the duties required of him by law to transmit […]
Section 15-18-44 – Neglect of duty by officer as contempt of court–Liability in damages–Amercement.
15-18-44. Neglect of duty by officer as contempt of court–Liability in damages–Amercement. If an officer to whom any writ, warrant, or execution is delivered, willfully neglects or fails to perform the duties required thereby or under the provisions of this chapter, which he may have authority to perform, he may be punished by the court […]
Section 15-18-33 – Partial abandonment of execution–Subsequent executions.
15-18-33. Partial abandonment of execution–Subsequent executions. The party for whom the execution was issued or his attorney of record, or otherwise authorized, may likewise abandon an execution after it has been partially enforced or performed, or after a portion of his claim or other demand has been satisfied, by the same procedure as is provided […]
Section 15-18-34 – Collection or sale of property levied on.
15-18-34. Collection or sale of property levied on. After making levy thereon an officer may collect things in action by suit in his own name, or by selling the same at public sale. Source: SDC 1939 & Supp 1960, §33.1917.
Section 15-18-35 – Money and receivables appropriated to judgment without sale.
15-18-35. Money and receivables appropriated to judgment without sale. Money levied upon may be appropriated without being advertised or sold. The same may be done with bank bills, drafts, promissory notes, judgments, or other papers of like character, if the plaintiff will receive them at their full market value as cash, or if the officer […]
Section 15-18-36 – Receivables subject to sale or appropriation–Assignment and delivery by officer.
15-18-36. Receivables subject to sale or appropriation–Assignment and delivery by officer. Judgments, bank bills, and other things in action may be sold at public sale, or appropriated as provided by §15-18-35, and assignment and delivery thereof by the officer shall have the same effect as if made by the defendant. Source: SDC 1939 & Supp […]