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.
15-18-3. Order and cause of arrest required for execution against person of debtor. No execution shall issue against the person of a judgment debtor unless an order of arrest has been served as provided in this code, or unless the complaint contains a statement of facts showing one or more of the causes of arrest […]
15-18-30. Levy as lien on personal property. When the officer has made a levy upon any personal property pursuant to the provisions of this code, he shall have a lien thereon for all purposes essential to carrying out the execution, but no execution shall constitute any lien upon personal property until an actual levy upon […]
15-18-31. Adverse claim to property levied on–Trial by special jury–Payment and deposit of fees. If the property levied on be claimed by a third person as his property, the officer may summon from his county six persons qualified as jurors to try the validity of the claim. He must also give notice of the claim […]
15-18-32. Abandonment of execution–Discharge of levies–Subsequent executions. The party for whom the execution was issued or the party’s attorney of record, or otherwise authorized, may abandon proceedings under any execution at any time by filing with the court from which issued a written statement of such abandonment, or by causing the writ to be returned […]
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 […]
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.
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 […]
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 […]
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, […]
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.
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 & […]
15-18-4. Directions in writ to enforce judgment requiring sale of property–Issue to referee, sheriff or constable. When a judgment requires the sale of property described therein, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale […]
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 […]
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 […]
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 […]
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 […]
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 […]
15-18-5. Signature, attestation, and sealing of writ of execution–Officer defined. The writ of execution shall be issued in the name of the State of South Dakota, attested in the name of the judge or the presiding judge, if there is one, sealed with the seal of the court, and subscribed by the clerk, and directed […]
15-18-6. Reference in writ to judgment and record information. The writ of execution shall intelligently refer to the judgment, stating the court, the county where the judgment or transcript is filed, the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and the time […]
