43-45-14. Exemption of earnings from garnishment process or levy-Bankruptcy.
For purposes of garnishment, the earnings of a debtor are exempt from process or levy only to the extent provided in §§21-18-51 to 21-18-53, inclusive. For the purposes of a petition filed pursuant to 11 U.S.C. §301 et. seq. only, a debtor's claimed exemptions may include earned, but unpaid earnings, whether or not such earnings have been garnished, subject to the limits of §43-45-4 and provisions of 11 U.S.C. §547.
Source: SL 1990, ch 157, §9; SL 2007, ch 251, §1.
Structure South Dakota Codified Laws
Chapter 45 - Personal Property Exempt From Process
Section 43-45-1 - Scope of exemptions of personal property.
Section 43-45-2 - Property absolutely exempt.
Section 43-45-4 - Additional property exemptions--Selection and appraisal.
Section 43-45-7 - Persons to whom exemptions do not apply.
Section 43-45-8 - Exemption not allowed for purchase money or construction costs.
Section 43-45-13 - Certain federal bankruptcy exemptions not available.
Section 43-45-14 - Exemption of earnings from garnishment process or levy-Bankruptcy.
Section 43-45-15 - Legislative intent.
Section 43-45-17 - Employee benefit plan defined.
Section 43-45-18 - Court determination of appropriate exemption.