South Dakota Procedural Requirements for Wage Garnishment

[Credit Expert]

South Dakota Procedural Requirements

Upon judgment or decree, or at any time after the issuing in any case of an execution against property and before the time when it is returnable, any creditor shall be entitled to proceed by garnishment in any court having jurisdiction of the subject of the action, against any person who shall be indebted to or have any property, real or personal, in his possession or under his control belonging to such creditor's debtor. S.D. Codified Laws Ann. _ 21181.

At the time of issuing the summons or at any time thereafter before final judgment or after execution has been issued, in any action where garnishment is permitted, the plaintiff may make an affidavit Statuteing that he verily believes that some person, naming him, is indebted to, or has property in his possession or under his control belonging to the defendant, or either or any of the defendants in the action or execution, naming him, and that such defendant has not property in this Statutee other than property subject to garnishment liable to execution, sufficient to satisfy the plaintiff's demand, and that the indebtedness or property mentioned in such affidavit is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution, and the amount of the claim sued upon. S.D. Codified Laws Ann. _ 21183.

The plaintiff shall annex or subjoin to the garnishment affidavit a garnishee summons. S.D. Codified Laws Ann. _ 21186. The garnishee summons, affidavit and garnishment disclosure shall be served on each of the several garnishees named, in the manner provided for the service of a summons in an action or by certified mail. S.D. Codified Laws Ann. _ 21187.

If a garnishee summons, affidavit and garnishment disclosure is served personally or by certified mail, the garnishee shall be paid the sum of ten dollars to reimburse the garnishee for the expense of preparing the garnishment disclosure which sum shall be taxed as a part of the plaintiff's costs. If the garnishee is not paid, the garnishment proceeding is void. S.D. Codified Laws Ann. _ 21189. The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within ten days after service on a garnishee. When the defendant shall have appeared in the action by attorney, such service may be made upon such attorney or upon the defendant. S.D. Codified Laws Ann. _ 211810.

Such garnishee summons, affidavit and garnishment disclosure may be served by certified mail, return receipt requested or personally by the sheriff of the county where any garnishee or defendant may be found, or by any other person not a party to the action. S.D. Codified Laws Ann. _ 211811. From the time of the service of the summons upon the garnishee he shall stand liable to the plaintiff to the amount of the property, money, credits, and effects in his possession or under his control belonging to the defendant, or in which he shall be interested, to the extent of his right or interest therein, and of all debts due or to become due to the defendant, except such as may be by law exempt from execution. S.D. Codified Laws Ann. _ 211812.

Interest Rate at which Judgments Accrue

Interest is payable on all judgments exclusive of support debts or judgments under _ 257A14, at the Category B rate of interest as established in _54316 from and after the date of judgment. S.D. Codified Laws Ann. _ 5435.1.

Category B rate of interest is ten percent per year. S.D. Codified Laws Ann. _ 54316. Applicable Forms S.D. Codified Laws Ann. _ 21186. S.D. Codified Laws Ann. _ 211826. S.D. Codified Laws Ann. _ 211827.1.