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§ 21-19-1 Definition of terms.

SD Codified L § 21-19-1 (2019) (N/A)
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21-19-1. Definition of terms. As used in this chapter unless the context otherwise plainly requires:

(1) "Absolute exemptions" means property which, under chapters 43-31 and 43-45, is absolutely exempt from levy;

(2) "Additional exemptions" means additional property which may be claimed as exempt under chapter 43-45;

(3) "Claim" means a claim of exemptions as provided in this chapter;

(4) "Claimant" means a debtor or a dependent of debtor making claim of exemptions;

(5) "Court" means the court wherein the action is brought in which action the levy is made;

(6) "Creditor" means a person for whose benefit any such process is used;

(7) "Debtor" means a person on whose property levy has been made;

(8) "Levy" means any garnishment, attachment, or any seizure or levy whatsoever under execution or any other judicial process for the purpose of satisfying or securing the claim or demand of a creditor;

(9) "Officer" means a person making such levy;

(10) "Property" means any property whether real, personal, or mixed.Source: SDC 1939 & Supp 1960, § 37.4901.

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