Title 43, PROPERTY

In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(b)), residents of this state are not entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(d)), exemptions which this state specifically …

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 earn…

The Legislature of the State of South Dakota hereby declares that §§ 43-45-16 to 43-45-18 , inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, § 4. The Leg…

Any person has the right to select and designate a total of one million dollars and the income and distributions therefrom from the employee's benefit plans as exempt from execution, attachment, garnishment, seizure, or taking by any legal process. This exemption is subject to th…

For the purposes of §§ 43-45-16 to 43-45-18 , inclusive, the term, employee benefit plan, means any plan or arrangement that is subject to the provisions of 29 U.S.C. §§ 1001 through 1461, as amended, and in effect on January 1, 2007, or that is described in § 401, 403(a), 403(b)…

In the event that any court of South Dakota finds the exemption provided in § 43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, § 4. Source: SL 1997, ch 250 , § 4.

The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law: (1) All family pictures; (2) A pew or other sitting in any house of worship; (3) A lot or lots in any burial ground; (4) The family Bible and all…

A homestead: (1) As defined and limited in chapter 43-31 , is absolutely exempt; or (2) In the event the homestead is sold under the provisions of chapter 21-19 , or is sold by the owner voluntarily, the proceeds of the sale, not exceeding the sum of one hundred thousand dollars,…

In addition to the property provided for in §§ 43-45-2 and 43-45-3 , the debtor, if the head of a family, may, personally, or by agent or attorney, select from all other of the debtor's personal property, not absolutely exempt, goods, chattels, merchandise, money, or other person…

The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, payable upon his death to his estate or personal representative, and not assigned to any other person,…

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 d…

No exemption shall be allowed any person against an attachment or execution issued for the purchase money of property or for the agreed or reasonable cost of the material furnished or labor performed in the original erection and construction of buildings thereon, claimed to be ex…

No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses. Source: SL 1885, ch 55 , § 3; CL 1887, § 5139; RCCivP 1903, § 364; RC 1919, § 2671; SDC 1939, …