21-19-3. Notice of levy on property--Contents--Statement as to claim of exemptions.
A notice of levy may be given by the creditor or the officer and shall set forth:
(1)A brief description of the process under which the levy was made, with the names of the parties to the action;
(2)The date of the levy and the name and official designation of the officer making the levy;
(3)A list of the property on which the levy was made;
(4)A statement that the debtor, within five days after service of the notice or within eight days after actual mailing thereof in the event of service by registered or certified mail, may claim exemptions allowed by law in addition to his absolute exemptions and that any dependent of a debtor may make such claim within five days after expiration of the period within which the debtor may make such claim, and that unless such debtor or such dependent makes such claim within such time, such failure to make such claim except as otherwise specifically provided by law, will be deemed a waiver of such additional exemptions.
Source: CCivP 1877, §331; CL 1887, §5135; SL 1893, ch 19; RCCivP 1903, §360; RC 1919, §2667; SDC 1939 & Supp 1960, §37.4902.
Structure South Dakota Codified Laws
Chapter 19 - Claim Of Homestead And Personal Property Exemptions
Section 21-19-1 - Definition of terms.
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 21-19-6 - 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 21-19-16 - Retention of property claimed as exempt until final determination.
Section 21-19-18 - Release of exempt property on failure of creditor to answer.
Section 21-19-20 - Disputed valuation of homestead--Demand for appraisal.
Section 21-19-21 - Appointment of appraisers.
Section 21-19-23 - Appraisement at fair market value--Completion and filing of appraisement.
Section 21-19-25 - Amendment of papers filed.
Section 21-19-30 - Stay of proceedings on appeal from order--Security required.