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 15-18-36 – 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 […]
Section 15-18-37 – Levy continues against property unsold–New sale or new execution.
15-18-37. Levy continues against property unsold–New sale or new execution. When property is unsold for want of bidders, the levy still holds good; and if there be sufficient time it may again be advertised or the execution returned, and one issued again commanding the officer to sell such property. Source: SDC 1939 & Supp 1960, […]
Section 15-18-38 – Payment of execution proceeds to judgment creditor.
15-18-38. Payment of execution proceeds to judgment creditor. After first paying his costs and expenses the officer shall pay to the judgment creditor the proceeds of sale, or of moneys appropriated, or so much thereof as will satisfy the execution. Source: SDC 1939 & Supp 1960, §33.1920.
Section 15-18-29 – Additional levies if amount produced on sale insufficient.
15-18-29. Additional levies if amount produced on sale insufficient. If the property taken under a levy does not on a sale thereof produce a sum sufficient to satisfy such execution, the officer must proceed to make an additional levy on which he shall proceed as on other executions. Source: SDC 1939 & Supp 1960, §33.1914.