South Dakota Codified Laws
Chapter 18 - Garnishment Of Debts And Property
Section 21-18-13 - Property held under void title included in garnishee's liability.

21-18-13. Property held under void title included in garnishee's liability.
Any property, moneys, credits, and effects held by a conveyance or title void as to the creditors of the defendant shall be embraced in the liability provided by §21-18-12.

Source: SL 1909, ch 156, §17; RC 1919, §2470; SDC 1939 & Supp 1960, §37.2807.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 18 - Garnishment Of Debts And Property

Section 21-18-1 - Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment.

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 21-18-11 - Time and manner of service of summons, affidavit, and garnishment disclosure--Return--Payment or retention of property by garnishee.

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 21-18-16 - Judgment not rendered on foreign corporation's liability paid by 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 21-18-24 - Subsequent proceedings against additional or discharged garnishees--Summons and trial in other counties.

Section 21-18-25 - Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings.

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 21-18-33 - Retention of property disclosed by garnishee until expiration of garnishment, levy, release, or court order--Return of property to defendant.

Section 21-18-34 - Payment to clerk by state as garnishee--Exoneration of state.

Section 21-18-35 - Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of notice on claimant.

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 21-18-40 - Judgment not entered against state as garnishee--Summons of state operating as assignment.

Section 21-18-41 - Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.

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 21-18-47 - Terms of judgment on garnishment proceedings--Orders for sale or disposition of property.

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.

Section 21-18-53 - Extent of debtor exemption.