15-18-1. Writ of execution permitted within twenty years after judgment. The party in whose favor judgment has been given, or, in case of his death or disability or incapacity, his personal representative may, at any time within twenty years after the entry of judgment, proceed to enforce the same by writ of execution, as provided […]
15-18-10. Directions in writ on judgment for delivery of personal property–Recovery of costs and damages. An execution issued upon a judgment for the delivery of the possession of personal property shall substantially require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto; and may, at the same […]
15-18-11. Judgment included in writ requiring sale of property. If it be in execution of a judgment requiring the sale of specific property, an execution shall include a copy of the judgment or the material parts thereof. Source: SDC 1939 & Supp 1960, §33.1904 (5).
15-18-12. Execution directing application of principal debtor’s property before that of surety. In all cases where judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons […]
15-18-13. Officer to whom execution issued–Issue at same time in different counties–Real property sold in county where it lies. When the execution is against the property of the judgment debtor, it may be issued to an officer of any county where the judgment is docketed, but it must be issued from the county where the […]
15-18-14. Power of officer to execute writ according to terms. When a writ, warrant, or execution is placed in the hands of an officer, he shall have power and authority to execute the same according to its mandate and the law, and he shall be required to do so. Source: SDC 1939 & Supp 1960, […]
15-18-15. Endorsement of receipt of writ by officer–Diligent execution–Return of execution. When a writ, warrant, or execution is delivered to any officer he must endorse thereon the day and hour when he receives it. He must proceed to execute the same with diligence. If executed, an exact description of the property seized with the date […]
15-18-16. Payment by debtor to officer holding execution–Officer’s receipt as discharge. After the issuing of execution against property any person indebted to the judgment debtor may pay to the officer the amount of such indebtedness, or so much thereof as is necessary to satisfy the execution, and the officer’s receipt shall be sufficient discharge thereof, […]
15-18-17. Property subject to levy on execution. All property and interests therein and rights appurtenant thereto, tangible or intangible, including shares or interests in any corporations, credits, choses in action, and whether capable of manual delivery or not, belonging to the party against whom the execution was issued, and not exempt by law may be […]
15-18-18. Levy not required for sale of property taken by earlier process. In all cases where property or any interest therein has been levied upon or impounded by attachment, garnishment, or other mesne process, or where the property consists of personal property in the possession of a party or a receiver appointed in the action, […]
15-18-19. Money under control of court applied to satisfaction by terms of judgment. In cases where the property consists of money under control of the court, the judgment may order the application of it toward satisfaction thereof and all persons having custody or control of such money shall be authorized so to apply it upon […]
15-18-20. Levy on personal property capable of manual delivery. A levy under a writ, warrant, or execution upon personal property capable of manual delivery, including bonds, promissory notes, or other instruments for the payment of money must be made by taking the same into the officer’s actual custody. He must thereupon without delay deliver a […]
15-18-21. Levy on judgment–Notice to parties. A levy under a writ, warrant, or execution upon a judgment, must be made by serving a notice of levy upon the clerk of the court in which it is docketed, describing the judgment by the title of its action, date, amount, book, and page of docketing, and by […]
15-18-22. Levy on real property–Recording of notice. A levy under a writ, warrant, or execution upon real property, must be made by the officer filing with the register of deeds of the county in which the property is situated, a notice of the levy subscribed by him, stating the names of the parties to the […]
15-18-23. Levy on personal property which cannot be moved–Recording of notice. A levy under a writ, warrant, or execution upon personal property which by reason of its bulk or other cause cannot be conveniently removed, must be made by the officer filing with the register of deeds a notice of the same kind as described […]
15-18-24. Levy on domestic animals running at large–Notice to person in possession. A levy under a writ, warrant, or execution upon domestic animals, must be made by the officer filing with the register of deeds of the county in which such property is running at large a notice of the same kind as described in […]
15-18-25. Receipt, entry and indexing of notices filed with register of deeds. The register of deeds shall receive and file all notices under §§15-18-23 and 15-18-24, numbering the same consecutively, keep the same in his office in regular and orderly files, and shall make entry thereof in the book kept for the registry of personal […]
15-18-26. Immovable property and range animals taken into custody–Additional costs not allowed. Notwithstanding the provisions of §§15-18-23 to 15-18-25, inclusive, a levy may, by direction of the plaintiff or his attorney, be made upon the property mentioned in said sections in accordance with §15-18-20; but if additional costs are made by such a levy the […]
15-18-27. Levy on other personal property or demand. A levy under a writ, warrant, or execution upon other personal property, must be made by leaving a notice of levy showing the property levied upon with the person holding the same; or, if it consists of a demand other than specified in §§15-18-20 and 15-18-21, with […]
15-18-28. Selection of property likely to bring amount required–Additional levies if required. The officer must in all cases select such property, and in such quantities as will be likely to bring the amount required to be raised, and having made one levy, may, at any time thereafter make other levies if he deems it necessary. […]
