South Dakota Codified Laws
Chapter 20 - Proceedings Supplementary To Execution
Section 15-20-3 - Procedure available against joint debtors not served with summons.

15-20-3. Procedure available against joint debtors not served with summons.
The procedure provided in this chapter may be taken upon the return of an execution unsatisfied issued upon a judgment recovered in an action against joint debtors in which some of the defendants have not been served with the summons by which said action was commenced so far as relates to the joint property of such debtors; and all actions by creditors to obtain satisfaction of judgments out of the property of joint debtors are maintainable in the same manner and to the same effect.

Source: SDC 1939 & Supp 1960, ยง33.2403.

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.