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S.D. Codified Laws § 43-45-7

Persons to whom exemptions do not apply

Applied in 2 court decisions — leading case In Re Wood (1981)

Most recently applied in In Re Volk (January 1983)

Source: Subdivs

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.