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 […]
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.
Section 15-18-19 – Money under control of court applied to satisfaction by terms of judgment.
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 […]
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 […]