15-16-41. Form of application for discharge of judgment.
The application shall be in substantially the following form:
APPLICATION FOR DISCHARGE OF JUDGEMENT(S)
In the Matter of the Application of:
[Judgment Debtor(s)]
PLEASE NOTICE, the undersigned, acting for the judgement debtor(s) applies for the discharge of the following judgment(s) entered in [Name of County]:
[List judgments, including case number, creditor(s), date of docketing, and amount.]
A certified copy of the judgment debtor's bankruptcy discharge and an affidavit of service for each judgment creditor is attached.
Creditors Please Note: Pursuant to §§[....], the clerk will discharge the judgment(s) listed within ten days after service of this application unless an objection to discharge is served on the judgment debtor(s) and filed with the clerk.
Creditors may object to discharge if the debt represented by the judgment was not discharged by the bankruptcy discharge.
Dated:
[Signature]
Judgment Debtor,
Person Interested in Real Property
or Attorney for Debtor or Person
Source: SL 2012, ch 110, §5.
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.