South Dakota § 44-4-3 Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.

South Dakota Statutes

§ 44-4-3 — Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.

South Dakota § 44-4-3

Title 44LIENS

Ch. 44-4RELEASE OF LIENS BY UNDERTAKING

This text of South Dakota § 44-4-3 (Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.) 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 § 44-4-3 (2026).

Text

The person filing an affidavit pursuant to § 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.

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

The person filing an affidavit pursuant to § 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.