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S.D. Codified Laws ch. 21-19 – Claim of Homestead and Personal Property Exemptions | Midpage
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South Dakota Codified Laws
Title 21
Chapter 21-19
S.D. Codified Laws ch. 21-19
Claim of Homestead and Personal Property Exemptions
21-19-1
Definition of terms.
21-19-2
Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit.
21-19-3
Notice of levy on property--Contents--Statement as to claim of exemptions.
21-19-4
Service on debtor of notice of levy.
21-19-5
Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.
21-19-6
Court order for substitute method of making service.
21-19-7
Retention of property levied after notice to debtor.
21-19-8
Sale of perishable property seized--Retention of proceeds.
21-19-9
Time allowed for claim of exemptions--Claim by debtor's dependent.
21-19-10
Contents of claim of exemptions--Schedule of property.
21-19-11
Verification of claim required.
21-19-12
Failure to claim additional exemptions as waiver.
21-19-13
Relief from default in claiming exemptions--Effect on prior proceedings.
21-19-14
Procedure for claim exclusive except as to absolute exemptions.
21-19-15
Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.
21-19-16
Retention of property claimed as exempt until final determination.
21-19-17
Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.
21-19-18
Release of exempt property on failure of creditor to answer.
21-19-19
Creditor's answer to claim of exemptions--Specification of disputed facts and valuations.
21-19-20
Disputed valuation of homestead--Demand for appraisal.
21-19-21
Appointment of appraisers.
21-19-22
Specification of items to be appraised--Undisputed valuations--Appraisal of homestead.
21-19-23
Appraisement at fair market value--Completion and filing of appraisement.
21-19-24
Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on appraisement.
21-19-25
Amendment of papers filed.
21-19-26
Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.
21-19-27
Valuation of additional property to permit full benefit of exemptions--Selection and release of additional property.
21-19-28
Division and setting aside homestead exceeding limitations--Court order where division not feasible.
21-19-29
Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment by debtor.
21-19-30
Stay of proceedings on appeal from order--Security required.