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S.D. Codified Laws § 54-8A-7

Remedies of creditors

Known as the Uniform Fraudulent Transfer Act

The act spans §§ 54–54 (12 sections).

Applied in 2 court decisions — leading case Prairie Lakes Health Care System, Inc. v. Wookey (1998)

Most recently applied in Prairie Lakes Health Care Systems (August 1998)

Source: SL 1987, ch 365, § 7.

(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in § 54-8A-8, may obtain:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee;

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure,

(i) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(ii) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(iii) Any other relief the circumstances may require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

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