South Dakota § 21-18-31 Motion for order on answer of garnishee and defendant--Affidavit.

South Dakota Statutes

§ 21-18-31 — Motion for order on answer of garnishee and defendant--Affidavit.

South Dakota § 21-18-31

Title 21JUDICIAL REMEDIES

Ch. 21-18GARNISHMENT OF DEBTS AND PROPERTY

This text of South Dakota § 21-18-31 (Motion for order on answer of garnishee and defendant--Affidavit.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-18-31 (2026).

Text

The plaintiff may in all cases move the court upon the answer of the garnishee and of the defendant, if the defendant shall also answer, for such order as the plaintiff is entitled to thereon. Such order is not a bar beyond the facts stated in such answers. The plaintiff shall attach an affidavit to the motion setting forth:

(1)Amount that is owed on judgment and accrued interest;

(2)Additional costs claimed;

(3)Credit for any payments made;

(4)Net balance due;

(5)Specific request for payment of the garnished amount sufficient to satisfy judgment; and (6) Any surplus shall be returned to defendant.

Free access — add to your briefcase to read the full text and ask questions with AI

The plaintiff may in all cases move the court upon the answer of the garnishee and of the defendant, if the defendant shall also answer, for such order as the plaintiff is entitled to thereon. Such order is not a bar beyond the facts stated in such answers. The plaintiff shall attach an affidavit to the motion setting forth: (1) Amount that is owed on judgment and accrued interest; (2) Additional costs claimed; (3) Credit for any payments made; (4) Net balance due; (5) Specific request for payment of the garnished amount sufficient to satisfy judgment; and (6) Any surplus shall be returned to defendant.