South Dakota Codified Laws
Chapter 45 - Personal Property Exempt From Process
Section 43-45-7 - Persons to whom exemptions do not apply.

43-45-7. Persons to whom exemptions do not apply.
Except those made absolute, the exemptions provided by this chapter do not apply to the following persons:
(1)To a nonresident;
(2)To a debtor who is in the act of removing with his family from the state;
(3)To a debtor who has absconded, taking with him his family;
(4)To a debtor for the necessaries of life, including only food, clothing, and fuel, provided for the debtor or his family;
(5)To a debtor for assistance or services furnished by the state to or on behalf of his children or spouse, by virtue of assignment of support rights to the state;
(6)To a debtor for child and spousal support obligations; or
(7)To a debtor for assistance or services furnished to the debtor by or through the Department of Social Services.

Source: Subdivs. (1) to (3): CCivP 1877, §333; CL 1887, §5138; RCCivP 1903, §363; RC 1919, §2670; SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, §332; SL 1881, ch 34, §1; CL 1887, §5136; RCCivP 1903, §361; SL 1911, ch 150; RC 1919, §2668; omitted SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, §61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

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 43-45-3 - Homestead absolutely exempt--Extent of exemption when homestead sold or divided by court order.

Section 43-45-4 - Additional property exemptions--Selection and appraisal.

Section 43-45-6 - Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.

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 43-45-9 - Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions.

Section 43-45-10 - Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.

Section 43-45-11 - Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions.

Section 43-45-12 - Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale.

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 43-45-16 - Exemption from process for certain retirement benefits--Right of state to collect.

Section 43-45-17 - Employee benefit plan defined.

Section 43-45-18 - Court determination of appropriate exemption.