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 […]
Section 43-45-2 – Property absolutely exempt.
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 […]
Section 43-45-3 – Homestead absolutely exempt–Extent of exemption when homestead sold or divided by court order.
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 […]
Section 43-45-1 – Scope of exemptions of personal property.
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 […]