South Dakota Codified Laws
Chapter 17A - Attachment Of Property
Section 21-17A-2 - Issuance and direction of writ--Contents.

21-17A-2. Issuance and direction of writ--Contents.
A writ of attachment shall be issued on the request of a plaintiff any time after a summons and a complaint is filed but before final judgment. It shall be directed to the sheriff or constable of a county in which property of the defendant is supposed to be, and shall require him to attach all the property of the defendant within his county or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses. It shall be in the name of the court and be sealed with its seal and signed by its judge.

Source: SL 1983, ch 168, ยง2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 17A - Attachment Of Property

Section 21-17A-1 - Attachment by creditor.

Section 21-17A-2 - Issuance and direction of writ--Contents.

Section 21-17A-3 - Affidavit required for execution in debt action--Contents.

Section 21-17A-4 - Affidavit required for execution in tort action--Contents.

Section 21-17A-5 - Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant.

Section 21-17A-6 - Amendment of affidavit.

Section 21-17A-7 - Bond required of plaintiff--Amount--Terms--Affidavit of surety--Exemption of state and subdivisions.

Section 21-17A-8 - Additional security--Application by defendant--Joint sureties.

Section 21-17A-9 - Return--Papers filed--Time allowed.

Section 21-17A-11 - Seizure of property.

Section 21-17A-12 - Real property attached by filing.

Section 21-17A-13 - Property subject to attachment--Personal property.

Section 21-17A-14 - Indemnification--Officer requiring.

Section 21-17A-15 - Sale of attached property--Grounds--Proceeds held in lieu of property.

Section 21-17A-16 - Keeping of property by officer--Collections--Legal proceedings.

Section 21-17A-17 - Defendant's bond for release from attachment--Justification of sureties.

Section 21-17A-18 - Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of officer.

Section 21-17A-19 - Modification of writ--Notice of motion--Combining motions.

Section 21-17A-20 - Motion to quash writ and release property--Service of notice of motion.

Section 21-17A-21 - Contents of notice of motion--Affidavit--Grounds.

Section 21-17A-22 - Hearing on motion--Order of court.

Section 21-17A-23 - Basis of determination--Additional evidence--Continuance.

Section 21-17A-24 - Priority of hearing on motion to quash.

Section 21-17A-25 - Findings and order of court on hearing--Costs taxed--Damages assessed at trial.

Section 21-17A-26 - Judgment for damages to defendant.

Section 21-17A-27 - Delivery of property on judgment for defendant--Action on plaintiff's bond.

Section 21-17A-28 - Satisfaction of judgment for plaintiff--Delivery of remaining property.

Section 21-17A-29 - Plaintiff prosecuting actions officer authorized to bring--Indemnification of officer.

Section 21-17A-30 - Death of defendant--Satisfaction of judgment for plaintiff.

Section 21-17A-31 - Third party's property--Application for release.

Section 21-17A-32 - Injunction not precluded.