South Dakota Codified Laws
Chapter 19 - Claim Of Homestead And Personal Property Exemptions
Section 21-19-26 - Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.

21-19-26. Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.
If the claimant, on the basis of facts as shown by the claim and answer and as found by the court and on the basis of the valuations as determined, has not claimed as additional exemptions any more than allowed by law, the court shall order the same set aside and released from the levy. If the additional exemptions as claimed exceed the limitations provided by law, the claimant shall be allowed to make an amended claim within the limitations provided by law.

Source: SDC 1939, §37.4909; SL 1957, ch 186, §3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 19 - Claim Of Homestead And Personal Property Exemptions

Section 21-19-1 - Definition of terms.

Section 21-19-2 - Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit.

Section 21-19-3 - Notice of levy on property--Contents--Statement as to claim of exemptions.

Section 21-19-4 - Service on debtor of notice of levy.

Section 21-19-5 - Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.

Section 21-19-6 - Court order for substitute method of making service.

Section 21-19-7 - Retention of property levied after notice to debtor.

Section 21-19-8 - Sale of perishable property seized--Retention of proceeds.

Section 21-19-9 - Time allowed for claim of exemptions--Claim by debtor's dependent.

Section 21-19-10 - Contents of claim of exemptions--Schedule of property.

Section 21-19-11 - Verification of claim required.

Section 21-19-12 - Failure to claim additional exemptions as waiver.

Section 21-19-13 - Relief from default in claiming exemptions--Effect on prior proceedings.

Section 21-19-14 - Procedure for claim exclusive except as to absolute exemptions.

Section 21-19-15 - Absolute exemptions not waived by failure to claim--Proceedings to reach homestead exceeding exemption.

Section 21-19-16 - Retention of property claimed as exempt until final determination.

Section 21-19-17 - Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family.

Section 21-19-18 - Release of exempt property on failure of creditor to answer.

Section 21-19-19 - Creditor's answer to claim of exemptions--Specification of disputed facts and valuations.

Section 21-19-20 - Disputed valuation of homestead--Demand for appraisal.

Section 21-19-21 - Appointment of appraisers.

Section 21-19-22 - Specification of items to be appraised--Undisputed valuations--Appraisal of homestead.

Section 21-19-23 - Appraisement at fair market value--Completion and filing of appraisement.

Section 21-19-24 - Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on appraisement.

Section 21-19-25 - Amendment of papers filed.

Section 21-19-26 - Order releasing exempt property--Amended claim where exemptions claimed exceed limitations.

Section 21-19-27 - Valuation of additional property to permit full benefit of exemptions--Selection and release of additional property.

Section 21-19-28 - Division and setting aside homestead exceeding limitations--Court order where division not feasible.

Section 21-19-29 - Sale of homestead--Disposition of proceeds--Postponement of sale to permit payment by debtor.

Section 21-19-30 - Stay of proceedings on appeal from order--Security required.