Section 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.
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, […]
Section 43-45-7 – Persons to whom exemptions do not apply.
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; […]
Section 43-45-8 – Exemption not allowed for purchase money or construction costs.
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 […]
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 […]
Section 43-44-9 – Persons benefitted by registration of emblem.
43-44-9. Persons benefitted by registration of emblem. The registration shall be for the benefit of the registrant and his successors, assigns, and persons using the same under his permission or license, express or implied, and according to the laws governing the succession, assignment, and use of personal property generally. Source: SL 1933, ch 82, §2; […]