S.D. Codified Laws § 21-18-31

Current through the 2024 Legislative Session

Section 21-18-31 - Motion for order on answer of garnishee and defendant-Affidavit

The plaintiff may in all cases move the court upon the answer of the garnishee and of the defendant, if the defendant shall also answer, for such order as the plaintiff is entitled to thereon. Such order is not a bar beyond the facts stated in such answers. The plaintiff shall attach an affidavit to the motion setting forth:

(1) Amount that is owed on judgment and accrued interest;

(2) Additional costs claimed;

(3) Credit for any payments made;

(4) Net balance due;

(5) Specific request for payment of the garnished amount sufficient to satisfy judgment; and

(6) Any surplus shall be returned to defendant.

SDCL 21-18-31

SL 1909, ch 156, § 12; RC 1919, § 2464; SDC 1939 & Supp 1960, § 37.2815; SL 2009, ch 110, §1.