South Dakota Statutes

§ 43-45-7 — Persons to whom exemptions do not apply.

South Dakota § 43-45-7
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-44PERSONAL PROPERTY EXEMPT FROM PROCESS

This text of South Dakota § 43-45-7 (Persons to whom exemptions do not apply.) 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 § 43-45-7 (2026).

Text

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;
(4)To a debtor for the necessaries of life, including only food, clothing, and fuel, provided for the debtor or his family;
(5)To a debtor for assistance or services furnished by the state to or on behalf of his children or spouse, by virtue of assignment of support rights to the state;
(6)To a debtor for child and spousal support obligations; or (7) To a debtor for assistance or services furnished to the debtor by or through the Department of Social Services.

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Related

In Re Volk
26 B.R. 457 (D. South Dakota, 1983)
7 case citations
Diana Keleher v. Technicolor Government Services, Inc., a Corporation
829 F.2d 691 (Eighth Circuit, 1987)
3 case citations

Legislative History

Subdivs. (1) to (3): CCivP 1877, § 333; CL 1887, § 5138; RCCivP 1903, § 363; RC 1919, § 2670; SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, § 332; SL 1881, ch 34, § 1; CL 1887, § 5136; RCCivP 1903, § 361; SL 1911, ch 150; RC 1919, § 2668; omitted SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, § 61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.

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South Dakota § 43-45-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-45-7.