21-18-1. Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment.
In any action or small claims proceeding to recover damages founded upon contract, express or implied, or pursuant to judgment or decree, any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action, against any person, as defined in §15-7-1, including the state and any municipal or public corporation, and including any corporation organized or authorized to be organized by or under the laws of any state or of the United States, which has the power to sue or be sued who shall be indebted to or have any property, real or personal, in its possession or under its control belonging to such creditor's debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter.
Source: SDC 1939, §37.2801; SL 1939, ch 143; SL 1990, ch 157, §1; SL 2001, ch 107, §1.
Structure South Dakota Codified Laws
Chapter 18 - Garnishment Of Debts And Property
Section 21-18-2 - Plaintiff and defendant defined.
Section 21-18-2.1 - Earnings subject to garnishment.
Section 21-18-3 - Plaintiff's affidavit for garnishment--Contents.
Section 21-18-3.1 - Garnishment prohibited before judgment.
Section 21-18-4 - Affidavit covering more than one garnishee--Joint and several proceedings.
Section 21-18-6 - Garnishee summons annexed to affidavit--Form.
Section 21-18-7 - Service of summons, affidavit, and garnishment disclosure on garnishee.
Section 21-18-8 - Service of summons, affidavit, and garnishment disclosure when state is garnishee.
Section 21-18-9 - Fee paid to garnishee for expense of garnishment disclosure.
Section 21-18-10 - Service of garnishee summons and affidavit on defendant.
Section 21-18-12 - Liability of garnishee to plaintiff after service of summons.
Section 21-18-13 - Property held under void title included in garnishee's liability.
Section 21-18-14.1 - Continuing lien on wages--Caption of garnishee summons--Disclosure forms.
Section 21-18-15 - Judgment not rendered on garnishee's liability on negotiable instrument.
Section 21-18-17 - Judgment not rendered on carrier's liability for property in interstate commerce.
Section 21-18-18 - Judgment not rendered against officer for property collected on legal process.
Section 21-18-19 - Judgment not rendered on money accountable by public officer.
Section 21-18-23 - Partial release of garnished funds on application by defendant.
Section 21-18-26 - Garnishee's affidavit denying liability--Form.
Section 21-18-27 - Garnishee's garnishment disclosure liability--Time of filing--Contents.
Section 21-18-27.1 - Service of garnishment disclosure form on garnishee--Contents of form.
Section 21-18-28 - Disclosure of liability when state is garnishee.
Section 21-18-29 - Disclosure by garnishee not made on information and belief--State excepted.
Section 21-18-30 - Garnishee's answer conclusive unless issue taken--Trial of issues.
Section 21-18-31 - Motion for order on answer of garnishee and defendant--Affidavit.
Section 21-18-32 - Payment to officer or clerk by garnishee--Discharge.
Section 21-18-34 - Payment to clerk by state as garnishee--Exoneration of state.
Section 21-18-36 - Answer or defense by adverse claimant--Judgment on default.
Section 21-18-37 - Answer by other parties to affirmative claim set up by adverse claimant.
Section 21-18-38 - Default judgment for adverse claimant--Trial of issues on adverse claim.
Section 21-18-39 - Judgment against garnishee on failure to answer.
Section 21-18-42 - Defense of garnishment proceedings by principal defendant--Grounds.
Section 21-18-43 - Defense of action by garnishee.
Section 21-18-44 - Garnishment proceedings deemed civil action--Procedural rules applicable.
Section 21-18-46 - Right to jury trial in garnishment proceedings.
Section 21-18-48 - Judgment against garnishee as discharge of liability to defendant.
Section 21-18-49 - Costs awarded in garnishment action.
Section 21-18-50 - Storage and maintenance expenses allowed to garnishee--Possessory lien.
Section 21-18-51 - Maximum amount subject to garnishment.
Section 21-18-52 - Maximum garnishment allowed for support of any person.