15-16-38. Contents of application--Service on judgment creditors.
An application under §15-16-37 shall be sworn under oath and identify each judgment to be discharged, shall state that each judgment sought to be discharged was listed on the debtor's bankruptcy schedules, that no judgment sought to be discharged is nondischargeable under 11 USC §523 or no order was entered by the bankruptcy court declaring any of the judgments nondischargeable, shall be accompanied by a certified copy of the judgment debtor's bankruptcy discharge, shall state the time the judgment creditor has to object as specified in §15-16-39 and the grounds for objection as specified in §15-16-40 and shall be served at the expense of the applicant on each judgment creditor either:
(1)In the manner provided for the service of a summons in a civil action accompanied by an affidavit of service; or
(2)By certified mail to the judgment creditor's last known address as it appears in the court record accompanied by an affidavit of mailing.
Source: SL 2012, ch 110, §2; SL 2013, ch 97, §1.
Structure South Dakota Codified Laws
Section 15-16-1 - Judgment for possession or damages in action for recovery of personal property.
Section 15-16-2 - Delivery of possession to purchaser in judgment for sale of real property.
Section 15-16-3 - Interest added to money judgment.
Section 15-16-5 - Docketing of circuit court money judgment with clerk of courts.
Section 15-16-6 - Entry and indexing of judgments in judgment docket--Contents of entries.
Section 15-16-7 - Lien of docketed judgment on real property within county--Duration of lien.
Section 15-16-10 - Docket entry as to judgment stayed pending appeal--Lien suspended.
Section 15-16-11 - Assignment of judgment--Docket entry.
Section 15-16-12 - Leave of court required for action on judgment.
Section 15-16-15 - Cancellation of judgment on return of satisfaction--Docket entry.
Section 15-16-16 - Partial satisfaction of judgment--Docket entry and partial discharge of liens.
Section 15-16-17 - Release of specific property from judgment lien--Docket entries.
Section 15-16-18 - Docket entries on court order discharging or canceling judgment.
Section 15-16-28 - Docketing of federal court judgments--Effect.
Section 15-16-29 - Lien of federal court judgment.
Section 15-16-30 - Assignment of federal court judgment--Docket entry.
Section 15-16-31 - Discharge and cancellation of federal court judgments--Docket entry.
Section 15-16-32 - Setoff of mutual judgments.
Section 15-16-33 - Renewal of certain judgments by affidavit--Contents of affidavit.
Section 15-16-34 - Filing and docketing of affidavit of renewal--Copy.
Section 15-16-35 - Operation as judgment lien--Continuation of lien--Execution.
Section 15-16-37 - Application for discharge of civil judgment debt discharged in bankruptcy.
Section 15-16-38 - Contents of application--Service on judgment creditors.
Section 15-16-39 - Clerk to discharge judgment--Exception--Objection to discharge--Service.
Section 15-16-41 - Form of application for discharge of judgment.
Section 15-16-42 - Judgment ceases to be lien upon discharge.
Section 15-16-43 - Applicability to general judgment liens only.
Section 15-16-44 - Conditions for not recognizing out-of-country foreign judgments.
Section 15-16-45 - Criteria for recognition of out-of-country foreign judgments.
Section 15-16-46 - Required findings for recognition of out-of-country foreign defamation judgment.