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.
S.D. Codified Laws § 43-45-14
Exemption of earnings from garnishment process or levy-Bankruptcy
Applied in 2 court decisions — leading case Accounts Management, Inc. v. Williams (1992)
Most recently applied in In re Hughes (October 1999)
Source: SL 1990, ch 157, § 9; SL 2007, ch 251, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.