43-45-1. Scope of exemptions of personal property. Except as hereinafter provided, the property mentioned in this chapter is exempt from attachment or mesne process, and from levy and sale on execution, and from any other final process issued from any court. Source: CCivP 1877, §322; CL 1887, §5126; RCCivP 1903, §344; RC 1919, §2657; SDC […]
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, […]
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 […]
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; […]
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 […]
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 […]
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 […]
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 […]
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, […]
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.
43-45-2. Property absolutely exempt. The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law: (1)All family pictures; (2)A pew or other sitting in any house of worship; (3)A lot or lots in any burial ground; (4)The family Bible and all schoolbooks used by […]
43-45-3. Homestead absolutely exempt–Extent of exemption when homestead sold or divided by court order. A homestead: (1)As defined and limited in chapter 43-31, is absolutely exempt; or (2)In the event such homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of such sale, not exceeding the […]
43-45-4. Additional property exemptions–Selection and appraisal. In addition to the property provided for in §§43-45-2 and 43-45-3, the debtor, if the head of a family, may, personally, or by agent or attorney, select from all other of the debtor’s personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property not to exceed […]
43-45-6. Proceeds of life insurance payable to estate of decedent–Rights of surviving spouse or minor children–Amount of exemption–Payment discharging insurer from liability. The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, […]
43-45-7. Persons to whom exemptions do not apply. Except those made absolute, the exemptions provided by this chapter do not apply to the following persons: (1)To a nonresident; (2)To a debtor who is in the act of removing with his family from the state; (3)To a debtor who has absconded, taking with him his family; […]
43-45-8. Exemption not allowed for purchase money or construction costs. No exemption shall be allowed any person against an attachment or execution issued for the purchase money of property or for the agreed or reasonable cost of the material furnished or labor performed in the original erection and construction of buildings thereon, claimed to be […]
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, […]
