South Dakota Codified Laws
Chapter 20 - Proceedings Supplementary To Execution
Section 15-20-2 - Order to judgment debtor to appear and answer on refusal to apply property to judgment.

15-20-2. Order to judgment debtor to appear and answer on refusal to apply property to judgment.
After the issuing of an execution against property and upon proof by affidavit of a party or otherwise to the satisfaction of the court or a judge thereof that any judgment debtor residing in the circuit where such judge resides has property which he unjustly refuses to apply to the satisfaction of the judgment, such court or judge may, by an order, require the judgment debtor to appear at a specified time and place to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor to the satisfaction of the judgment as are provided upon a return of an execution.

Source: SDC 1939 & Supp 1960, ยง33.2401.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 20 - Proceedings Supplementary To Execution

Section 15-20-1 - Order to judgment debtor to appear and answer after execution returned unsatisfied.

Section 15-20-2 - Order to judgment debtor to appear and answer on refusal to apply property to judgment.

Section 15-20-3 - Procedure available against joint debtors not served with summons.

Section 15-20-4 - Application of procedure to magistrate court judgments filed in circuit court.

Section 15-20-5 - Arrest to prevent absconding by judgment debtor--Undertaking required--Commitment in default of undertaking.

Section 15-20-6 - Appointment of referee.

Section 15-20-7 - Attendance of witnesses required--Examination certified by referee.

Section 15-20-8 - Examination of witnesses and debtor on oath.

Section 15-20-9 - Self-incrimination not ground for refusing to answer--Immunity from prosecution.

Section 15-20-10 - Witness fees and disbursements allowed.

Section 15-20-11 - Concealment of assets or transfers as misdemeanor.

Section 15-20-12 - Court order applying property to satisfaction of judgment--Restriction on application of wages.

Section 15-20-13 - Court order forbidding transfer of property.

Section 15-20-14 - Appointment of receiver for debtor's property--Consolidation of proceedings--Control of receivership.

Section 15-20-15 - Filing with clerk of order for appointment of receiver.

Section 15-20-16 - Recording by register of deeds of order appointing receiver--Destruction of records.

Section 15-20-17 - Possession of real property taken by receiver.

Section 15-20-18 - Action by receiver to determine adverse claims to property--Order prohibiting transfer pending determination.

Section 15-20-19 - Disobedience of order of judge or referee as contempt.

Section 15-20-20 - Discharge from imprisonment of person committed.