South Dakota Codified Laws
Chapter 18 - Garnishment Of Debts And Property
Section 21-18-51 - Maximum amount subject to garnishment.

21-18-51.Maximum amount subject to garnishment.
The maximum part of the aggregate disposable earnings of a wage earner for any workweek which is subject to garnishment may not exceed the lesser of:
(1)Twenty percent of disposable earnings for that week;
(2)The amount by which disposable earnings for that week exceed forty times the federal minimum hourly wage prescribed by 29 U.S. C. 206(a)(1) as amended and in effect on July 24, 2009, or applicable state minimum wage if greater, or any equivalent multiple thereof prescribed by regulation by the secretary of labor and regulation in case of earnings for any pay period other than a week, in effect at the time the earnings are payable less twenty-five dollars per week for each dependent family member residing with the garnishment debtor other than the garnishment debtor himself or herself.
The restrictions of subdivisions (1) and (2) do not apply in the case of any order of any court for the support of any person or any order of any court of bankruptcy under Title 11 of the United States Code.

Source: SL 1989, ch 189, §1; SL 1990, ch 157, §10; SL 1991, ch 366, §2; SL 1993, ch 171; SL 1997, ch 124, §1; SL 1998, ch 127, §1; SL 2009, ch 111, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2016, ch 116, §17.

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.