15-18-31. Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees.
If the property levied on be claimed by a third person as his property, the officer may summon from his county six persons qualified as jurors to try the validity of the claim. He must also give notice of the claim and of the time of trial to the plaintiff, who may appear and contest the claim before the jury. The jury and the witnesses must be sworn by the officer; and if their verdict be in favor of the claimant the officer may relinquish the levy unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury, the officer, and the witnesses must be paid by the claimant if the verdict be against him; otherwise by the plaintiff. Each party must deposit with the officer, before the trial, the amount of his fees, and the fees of the jury, and the officer must return to the prevailing party the amount so deposited by him.
Source: SDC 1939 & Supp 1960, §33.1921; SL 1973, ch 126, §9.
Structure South Dakota Codified Laws
Chapter 18 - Execution Of Judgments
Section 15-18-1 - Writ of execution permitted within twenty years after judgment.
Section 15-18-3 - Order and cause of arrest required for execution against person of debtor.
Section 15-18-5 - Signature, attestation, and sealing of writ of execution--Officer defined.
Section 15-18-6 - Reference in writ to judgment and record information.
Section 15-18-7 - Direction in writ to satisfy judgment from debtor's property.
Section 15-18-8.1 - Execution upon bank asset.
Section 15-18-9 - Direction in writ to arrest and commit debtor.
Section 15-18-11 - Judgment included in writ requiring sale of property.
Section 15-18-14 - Power of officer to execute writ according to terms.
Section 15-18-16 - Payment by debtor to officer holding execution--Officer's receipt as discharge.
Section 15-18-17 - Property subject to levy on execution.
Section 15-18-18 - Levy not required for sale of property taken by earlier process.
Section 15-18-19 - Money under control of court applied to satisfaction by terms of judgment.
Section 15-18-20 - Levy on personal property capable of manual delivery.
Section 15-18-21 - Levy on judgment--Notice to parties.
Section 15-18-22 - Levy on real property--Recording of notice.
Section 15-18-23 - Levy on personal property which cannot be moved--Recording of notice.
Section 15-18-24 - Levy on domestic animals running at large--Notice to person in possession.
Section 15-18-25 - Receipt, entry and indexing of notices filed with register of deeds.
Section 15-18-27 - Levy on other personal property or demand.
Section 15-18-29 - Additional levies if amount produced on sale insufficient.
Section 15-18-30 - Levy as lien on personal property.
Section 15-18-32 - Abandonment of execution--Discharge of levies--Subsequent executions.
Section 15-18-33 - Partial abandonment of execution--Subsequent executions.
Section 15-18-34 - Collection or sale of property levied on.
Section 15-18-35 - Money and receivables appropriated to judgment without sale.
Section 15-18-36 - Receivables subject to sale or appropriation--Assignment and delivery by officer.
Section 15-18-37 - Levy continues against property unsold--New sale or new execution.
Section 15-18-38 - Payment of execution proceeds to judgment creditor.
Section 15-18-39 - Surplus applied to other executions against debtor.
Section 15-18-40 - Surplus deposited in court--Notice to debtor.
Section 15-18-41 - Time of return of execution--Extension where levy made.
Section 15-18-42 - Contents and verification of return of execution.