Section 15-18-30 – Levy as lien on personal property.
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 […]
Section 15-18-31 – Adverse claim to property levied on–Trial by special jury–Payment and deposit of fees.
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 […]
Section 15-18-32 – Abandonment of execution–Discharge of levies–Subsequent executions.
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 […]
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 15-18-20 – Levy on personal property capable of manual delivery.
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 […]
Section 15-18-21 – Levy on judgment–Notice to parties.
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 […]
Section 15-18-22 – Levy on real property–Recording of notice.
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 […]
Section 15-18-23 – Levy on personal property which cannot be moved–Recording of notice.
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 […]