S.D. Codified Laws § 43-45-7

Current through the 2024 Legislative Session

Section 43-45-7 - Persons to whom exemptions do not apply

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.

SDCL 43-45-7

Subdivs. (1) to (3): CCivP 1877, § 333; CL 1887, § 5138; RCCivP 1903, § 363; RC 1919, § 2670; SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, § 332; SL 1881, ch 34, § 1; CL 1887, § 5136; RCCivP 1903, § 361; SL 1911, ch 150; RC 1919, § 2668; omitted SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, § 61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.