§ 21-19-17 — Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.

South Dakota § 21-19-17

• Jurisdiction: South Dakota
• Title 21: JUDICIAL REMEDIES
• Ch. 21-19: CLAIM OF HOMESTEAD AND PERSONAL PROPERTY EXEMPTIONS

Text

If claim for exemptions is made under §§ 21-19-9 to 21-19-13 , inclusive, the claimant may, upon three days' notice to the creditor, apply to the court for an order for immediate release from said levy of any property claimed as exempt in said claim, as to which property the valuation is definite and fixed and not open to dispute, meaning such items as money, bank accounts, earnings owing to debtor, and similar items. Upon hearing such application the court may order the immediate release from such levy of such items if satisfied that the same are clearly within the limitations of the additional exemptions as provided by law, the amount so set aside to be charged against the total amount of additional exemptions to be allowed to the claimant. Such releases where clearly within the limitations of the additional exemptions shall always be ordered when applied for as to earnings of debtor and similar items immediately necessary for the support of debtor and his family.

Legislative History

CCivP 1877, § 331; CL 1887, § 5135; SL 1893, ch 19; RCCivP 1903, § 360; SL 1913, ch 228; RC 1919, § 2467; SDC 1939 & Supp 1960, § 37.4910.