Section 43-45-15 – Legislative intent.
43-45-15. Legislative intent. The Legislature of the State of South Dakota hereby declares that §§43-45-16 to 43-45-18, inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, §4. The Legislature hereby finds §§43-45-16 to 43-45-18, inclusive, is […]
Section 43-45-16 – Exemption from process for certain retirement benefits–Right of state to collect.
43-45-16. Exemption from process for certain retirement benefits–Right of state to collect. Any person has the right to select and designate a total of one million dollars and the income and distributions therefrom from the employee’s benefit plans as exempt from execution, attachment, garnishment, seizure, or taking by any legal process. This exemption is subject […]
Section 43-45-17 – Employee benefit plan defined.
43-45-17. Employee benefit plan defined. For the purposes of §§43-45-16 to 43-45-18, inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in §401, 403(a), 403(b), 408, 408A, 409, […]
Section 43-45-18 – Court determination of appropriate exemption.
43-45-18. Court determination of appropriate exemption. In the event that any court of South Dakota finds the exemption provided in §43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, §4. Source: SL 1997, ch 250, §4.
Section 43-45-9 – Debt incurred for property obtained under false pretenses–Allowance only of absolute exemptions.
43-45-9. Debt incurred for property obtained under false pretenses–Allowance only of absolute exemptions. No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses. Source: SL 1885, ch 55, §3; CL 1887, §5139; RCCivP 1903, §364; RC 1919, […]
Section 43-45-10 – Judgment for fines, penalties, or costs of criminal prosecutions–Limited exemptions.
43-45-10. Judgment for fines, penalties, or costs of criminal prosecutions–Limited exemptions. No property, except the homestead and other exemptions made absolute, shall be exempt from levy, seizure, and sale by virtue of any final writ or process issued on a judgment for fines, penalties, or costs of criminal prosecutions. Source: CCivP 1877, §334; CL 1887, […]
Section 43-45-11 – Judgment for forfeiture of undertakings and bonds taken in criminal cases–Limited exemptions.
43-45-11. Judgment for forfeiture of undertakings and bonds taken in criminal cases–Limited exemptions. No property except the homestead and other exemptions made absolute, and personal property of any kind in addition thereto to the value of five hundred dollars, shall be exempt from levy, seizure, or sale, by virtue of any final writ or process […]
Section 43-45-12 – Inventory and appraisement of exempted or other personal property–Return by officer having process of levy or sale.
43-45-12. Inventory and appraisement of exempted or other personal property–Return by officer having process of levy or sale. The sheriff or other officer having any process of levy or sale must make return, with his writ or warrant, of any inventory and appraisement of any such exempted or other personal property. Source: CCivP 1877, §330; […]
Section 43-45-13 – Certain federal bankruptcy exemptions not available.
43-45-13.Certain federal bankruptcy exemptions not available. In accordance with the provision of §522(b) of the Bankruptcy Code of 1978 (11 U.S.C. §522(b)), residents of this state are not entitled to the federal exemptions provided in §522(d) of the Bankruptcy Code of 1978 (11 U.S. C. §522(d)), exemptions which this state specifically does not authorize. Nothing […]
Section 43-45-14 – Exemption of earnings from garnishment process or levy-Bankruptcy.
43-45-14. Exemption of earnings from garnishment process or levy-Bankruptcy. For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§21-18-51 to 21-18-53, inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. §301 et. seq. only, a debtor’s claimed exemptions may include […]