§ 21-19-3 — Notice of levy on property--Contents--Statement as to claim of exemptions.

South Dakota § 21-19-3

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

Text

A notice of levy may be given by the creditor or the officer and shall set forth: (1) A brief description of the process under which the levy was made, with the names of the parties to the action; (2) The date of the levy and the name and official designation of the officer making the levy; (3) A list of the property on which the levy was made; (4) A statement that the debtor, within five days after service of the notice or within eight days after actual mailing thereof in the event of service by registered or certified mail, may claim exemptions allowed by law in addition to his absolute exemptions and that any dependent of a debtor may make such claim within five days after expiration of the period within which the debtor may make such claim, and that unless such debtor or such dependent makes such claim within such time, such failure to make such claim except as otherwise specifically provided by law, will be deemed a waiver of such additional exemptions.

Legislative History

CCivP 1877, § 331; CL 1887, § 5135; SL 1893, ch 19; RCCivP 1903, § 360; RC 1919, § 2667; SDC 1939 & Supp 1960, § 37.4902.