15-18-1      Writ of execution permitted within twenty years after judgment.
15-18-2      Judgments for money or delivery of property executed against property--Additional execution against person.
15-18-3      Order and cause of arrest required for execution against person of debtor.
15-18-4      Directions in writ to enforce judgment requiring sale of property--Issue to referee, sheriff or constable.
15-18-5      Signature, attestation, and sealing of writ of execution--Officer defined.
15-18-6      Reference in writ to judgment and record information.
15-18-7      Direction in writ to satisfy judgment from debtor's property.
15-18-8      Direction in writ to satisfy judgment from property held by successors, tenants, or trustees.
15-18-8.1      Execution upon bank asset.
15-18-9      Direction in writ to arrest and commit debtor.
15-18-10      Directions in writ on judgment for delivery of personal property--Recovery of costs and damages.
15-18-11      Judgment included in writ requiring sale of property.
15-18-12      Execution directing application of principal debtor's property before that of surety.
15-18-13      Officer to whom execution issued--Issue at same time in different counties--Real property sold in county where it lies.
15-18-14      Power of officer to execute writ according to terms.
15-18-15      Endorsement of receipt of writ by officer--Diligent execution--Return of execution.
15-18-16      Payment by debtor to officer holding execution--Officer's receipt as discharge.
15-18-17      Property subject to levy on execution.
15-18-18      Levy not required for sale of property taken by earlier process.
15-18-19      Money under control of court applied to satisfaction by terms of judgment.
15-18-20      Levy on personal property capable of manual delivery.
15-18-21      Levy on judgment--Notice to parties.
15-18-22      Levy on real property--Recording of notice.
15-18-23      Levy on personal property which cannot be moved--Recording of notice.
15-18-24      Levy on domestic animals running at large--Notice to person in possession.
15-18-25      Receipt, entry and indexing of notices filed with register of deeds.
15-18-26      Immovable property and range animals taken into custody--Additional costs not allowed.
15-18-27      Levy on other personal property or demand.
15-18-28      Selection of property likely to bring amount required--Additional levies if required.
15-18-29      Additional levies if amount produced on sale insufficient.
15-18-30      Levy as lien on personal property.
15-18-31      Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees.
15-18-32      Abandonment of execution--Discharge of levies--Subsequent executions.
15-18-33      Partial abandonment of execution--Subsequent executions.
15-18-34      Collection or sale of property levied on.
15-18-35      Money and receivables appropriated to judgment without sale.
15-18-36      Receivables subject to sale or appropriation--Assignment and delivery by officer.
15-18-37      Levy continues against property unsold--New sale or new execution.
15-18-38      Payment of execution proceeds to judgment creditor.
15-18-39      Surplus applied to other executions against debtor.
15-18-40      Surplus deposited in court--Notice to debtor.

15-18-1. Writ of execution permitted within twenty years after judgment.

The party in whose favor judgment has been given, or, in case of his death or disability or incapacity, his personal representative may, at any time within twenty years after the entry of judgment, proceed to enforce the same by writ of execution, as provided in this title.

Source: SDC 1939, § 33.1901; SL 1939, ch 131; SL 1947, ch 155.

15-18-2. Judgments for money or delivery of property executed against property--Additional execution against person.

When a judgment requires the payment of money or the delivery of real or personal property, it shall be enforced by execution against the property of the defendant. If it be in an action in which the defendant might have been arrested, it may also be enforced by an execution against the person of the judgment debtor as provided in § 15-18-3.

Source: SDC 1939 & Supp 1960, § 33.1902.

15-18-3. Order and cause of arrest required for execution against person of debtor.

No execution shall issue against the person of a judgment debtor unless an order of arrest has been served as provided in this code, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by chapter 15-22.

Source: SDC 1939 & Supp 1960, § 33.1902.

15-18-4. Directions in writ to enforce judgment requiring sale of property--Issue to referee, sheriff or constable.

When a judgment requires the sale of property described therein, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale and applying the funds in conformity with its mandate. Such a judgment may direct that execution issue to a referee appointed by the court and named in the judgment, or to the sheriff or constable of the county in which the property described therein, or some part of it, is located. The sheriff, constable, or referee, hereinafter referred to as an officer, must execute a certificate of sale to the purchaser as provided in chapter 15-19.

Source: SDC 1939 & Supp 1960, § 33.1903; SL 1973, ch 126, § 2.

15-18-5. Signature, attestation, and sealing of writ of execution--Officer defined.

The writ of execution shall be issued in the name of the State of South Dakota, attested in the name of the judge or the presiding judge, if there is one, sealed with the seal of the court, and subscribed by the clerk, and directed to an officer qualified to execute it. If issued from the court of a magistrate, it shall be signed by the magistrate or clerk and no seal is required. For purposes of this chapter, the term "officer" means sheriff, constable, or referee appointed by the court either in the judgment or by motion after notice following judgment.

Source: SDC 1939 & Supp 1960, § 33.1904; SL 1974, ch 153, § 13; SL 1985, ch 162; SL 1986, ch 165.

15-18-6. Reference in writ to judgment and record information.

The writ of execution shall intelligently refer to the judgment, stating the court, the county where the judgment or transcript is filed, the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and the time of docketing in the county to which the execution is issued.

Source: SDC 1939 & Supp 1960, § 33.1904; SL 1990, ch 149, § 11.

15-18-7. Direction in writ to satisfy judgment from debtor's property.

The writ of execution, if it be against the property of the judgment debtor, shall require the officer substantially to satisfy the judgment with interest and accruing costs out of the property of such debtor.

Source: SDC 1939 & Supp 1960, § 33.1904 (1).

15-18-8. Direction in writ to satisfy judgment from property held by successors, tenants, or trustees.

The writ of execution, if it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, or tenants of real property or trustees, shall require the officer substantially to satisfy the judgment out of such property.

Source: SDC 1939 & Supp 1960, § 33.1904 (2).

15-18-8.1. Execution upon bank asset.

Judgments, liens, or attachments shall not be executed upon any asset of a bank until the time for appeal has expired.

Source: SL 1988, ch 377, § 78A.

15-18-9. Direction in writ to arrest and commit debtor.

The writ of execution, if it be against the person of the judgment debtor, shall require the officer substantially to arrest such debtor and commit him to the jail of the county until he shall pay the judgment, or be discharged according to law.

Source: SDC 1939 & Supp 1960, § 33.1904 (3).

15-18-10. Directions in writ on judgment for delivery of personal property--Recovery of costs and damages.

An execution issued upon a judgment for the delivery of the possession of personal property shall substantially require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto; and may, at the same time, require the officer to satisfy any costs or damages recovered by the judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein if a delivery cannot be had.

Source: SDC 1939 & Supp 1960, § 33.1904 (4).

15-18-11. Judgment included in writ requiring sale of property.

If it be in execution of a judgment requiring the sale of specific property, an execution shall include a copy of the judgment or the material parts thereof.

Source: SDC 1939 & Supp 1960, § 33.1904 (5).

15-18-12. Execution directing application of principal debtor's property before that of surety.

In all cases where judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound signed the same as surety or bail for his codefendant, the court must in entering the judgment thereon state which of the defendants is principal debtor and which are sureties or bail. An execution issued on such judgment must command the sheriff or other officer to cause the money to be made out of the property of the principal debtor, but, for want of sufficient property of the principal debtor to make the same, to cause the same to be made out of the property of the surety or bail. In all cases the property, both real and personal, of the principal debtor, within the jurisdiction of the court must be exhausted before any of the property of the surety or bail shall be taken in execution.

Source: SDC 1939 & Supp 1960, § 33.1905.

15-18-13. Officer to whom execution issued--Issue at same time in different counties--Real property sold in county where it lies.

When the execution is against the property of the judgment debtor, it may be issued to an officer of any county where the judgment is docketed, but it must be issued from the county where the judgment was rendered. When it requires the delivery of real or personal property, it must be issued to an officer of the county where the property, or some part thereof, is situated. Executions may be issued at the same time to different counties. Real property levied upon must be sold in the county wherein it lies, by an officer of such county who must execute a certificate of sale to the principal as provided in chapter 15-19.

Source: SDC 1939 & Supp 1960, § 33.1902; SL 1973, ch 126, § 3; SL 1987, ch 398 (Supreme Court Rule 86-24).

15-18-14. Power of officer to execute writ according to terms.

When a writ, warrant, or execution is placed in the hands of an officer, he shall have power and authority to execute the same according to its mandate and the law, and he shall be required to do so.

Source: SDC 1939 & Supp 1960, § 33.1907.

15-18-15. Endorsement of receipt of writ by officer--Diligent execution--Return of execution.

When a writ, warrant, or execution is delivered to any officer he must endorse thereon the day and hour when he receives it. He must proceed to execute the same with diligence. If executed, an exact description of the property seized with the date of levy, sale, or other act done by virtue thereof, must be endorsed upon or appended to the execution. If the writ was not executed, or executed in part only, the reason therefor must be stated in the return. The failure or neglect of the officer to make his return thereon as required by law shall not void his proceedings.

Source: SDC 1939 & Supp 1960, § 33.1908.

15-18-16. Payment by debtor to officer holding execution--Officer's receipt as discharge.

After the issuing of execution against property any person indebted to the judgment debtor may pay to the officer the amount of such indebtedness, or so much thereof as is necessary to satisfy the execution, and the officer's receipt shall be sufficient discharge thereof, except in cases of negotiable instruments which the officer does not have in possession.

Source: SDC 1939 & Supp 1960, § 33.1918; SL 1973, ch 126, § 4.

15-18-17. Property subject to levy on execution.

All property and interests therein and rights appurtenant thereto, tangible or intangible, including shares or interests in any corporations, credits, choses in action, and whether capable of manual delivery or not, belonging to the party against whom the execution was issued, and not exempt by law may be taken on execution and sold or otherwise applied to the satisfaction of the judgment as provided by law.

Source: SDC 1939 & Supp 1960, § 33.1911.

15-18-18. Levy not required for sale of property taken by earlier process.

In all cases where property or any interest therein has been levied upon or impounded by attachment, garnishment, or other mesne process, or where the property consists of personal property in the possession of a party or a receiver appointed in the action, who is foreclosing a lien thereon, or where it consists of real estate and the action involves the foreclosing of a lien thereon, no levy shall be required for the sale thereof, but the officer may make sale and return thereon pursuant to the judgment and execution issued thereon.

Source: SDC 1939 & Supp 1960, § 33.1912.

15-18-19. Money under control of court applied to satisfaction by terms of judgment.

In cases where the property consists of money under control of the court, the judgment may order the application of it toward satisfaction thereof and all persons having custody or control of such money shall be authorized so to apply it upon receipt of a certified copy of such judgment.

Source: SDC 1939 & Supp 1960, § 33.1912.

15-18-20. Levy on personal property capable of manual delivery.

A levy under a writ, warrant, or execution upon personal property capable of manual delivery, including bonds, promissory notes, or other instruments for the payment of money must be made by taking the same into the officer's actual custody. He must thereupon without delay deliver a notice of levy to the person from whose custody such property is taken.

Source: SDC 1939 & Supp 1960, § 33.1913 (3); SL 1973, ch 126, § 5.

15-18-21. Levy on judgment--Notice to parties.

A levy under a writ, warrant, or execution upon a judgment, must be made by serving a notice of levy upon the clerk of the court in which it is docketed, describing the judgment by the title of its action, date, amount, book, and page of docketing, and by mailing copies of such notice of attachment by registered or certified mail to the judgment debtor, and the present owner of the judgment as shown by the docket, and to their attorneys of record, if any, at their last known post office addresses.

Source: SDC 1939 & Supp 1960, § 33.1913 (4).

15-18-22. Levy on real property--Recording of notice.

A levy under a writ, warrant, or execution upon real property, must be made by the officer filing with the register of deeds of the county in which the property is situated, a notice of the levy subscribed by him, stating the names of the parties to the action, the amount of the plaintiff's claim as stated in the execution, and a description of the property levied upon, which notice must be recorded and indexed by the register of deeds in like manner and in the same book as a notice of the pendency of an action.

Source: SDC 1939 & Supp 1960, § 33.1913 (1); SL 1973, ch 126, § 6.

15-18-23. Levy on personal property which cannot be moved--Recording of notice.

A levy under a writ, warrant, or execution upon personal property which by reason of its bulk or other cause cannot be conveniently removed, must be made by the officer filing with the register of deeds a notice of the same kind as described in § 15-18-22; and such levy shall be equally valid and effectual as if the articles had been seized and the possession and control thereof retained by the officer.

Source: SDC 1939 & Supp 1960, § 33.1913 (2); SL 1973, ch 126, § 7.

15-18-24. Levy on domestic animals running at large--Notice to person in possession.

A levy under a writ, warrant, or execution upon domestic animals, must be made by the officer filing with the register of deeds of the county in which such property is running at large a notice of the same kind as described in § 15-18-22, and mailing a copy to the person in possession of such animals, specifying the number as near as may be and containing a description of same by marks and brands, if any; and such levy shall be equally valid and effectual as if such animals had been seized and the possession and control thereof retained by the officer.

Source: SDC 1939 & Supp 1960, § 33.1913 (2); SL 1973, ch 126, § 8.

15-18-25. Receipt, entry and indexing of notices filed with register of deeds.

The register of deeds shall receive and file all notices under §§ 15-18-23 and 15-18-24, numbering the same consecutively, keep the same in his office in regular and orderly files, and shall make entry thereof in the book kept for the registry of personal property instruments in the order in which they are received, which entry shall contain in separate columns the names of the defendants alphabetically arranged, the names of the plaintiffs, the number endorsed upon the notice, the amount claimed by the plaintiff and the time of filing.

Source: SDC 1939 & Supp 1960, § 33.1913 (2).

15-18-26. Immovable property and range animals taken into custody--Additional costs not allowed.

Notwithstanding the provisions of §§ 15-18-23 to 15-18-25, inclusive, a levy may, by direction of the plaintiff or his attorney, be made upon the property mentioned in said sections in accordance with § 15-18-20; but if additional costs are made by such a levy the same shall not be allowed to the plaintiff, if in the judgment of the court the taking of the property into the custody of the sheriff was unnecessary.

Source: SDC 1939 & Supp 1960, § 33.1913 (2).

15-18-27. Levy on other personal property or demand.

A levy under a writ, warrant, or execution upon other personal property, must be made by leaving a notice of levy showing the property levied upon with the person holding the same; or, if it consists of a demand other than specified in §§ 15-18-20 and 15-18-21, with the person against whom it exists.

Source: SDC 1939 & Supp 1960, § 33.1913 (5).

15-18-28. Selection of property likely to bring amount required--Additional levies if required.

The officer must in all cases select such property, and in such quantities as will be likely to bring the amount required to be raised, and having made one levy, may, at any time thereafter make other levies if he deems it necessary.

Source: SDC 1939 & Supp 1960, § 33.1914.

15-18-29. Additional levies if amount produced on sale insufficient.

If the property taken under a levy does not on a sale thereof produce a sum sufficient to satisfy such execution, the officer must proceed to make an additional levy on which he shall proceed as on other executions.

Source: SDC 1939 & Supp 1960, § 33.1914.

15-18-30. Levy as lien on personal property.

When the officer has made a levy upon any personal property pursuant to the provisions of this code, he shall have a lien thereon for all purposes essential to carrying out the execution, but no execution shall constitute any lien upon personal property until an actual levy upon such property has been made thereunder.

Source: SDC 1939 & Supp 1960, § 33.1915.

15-18-31. Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees.

If the property levied on be claimed by a third person as his property, the officer may summon from his county six persons qualified as jurors to try the validity of the claim. He must also give notice of the claim and of the time of trial to the plaintiff, who may appear and contest the claim before the jury. The jury and the witnesses must be sworn by the officer; and if their verdict be in favor of the claimant the officer may relinquish the levy unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury, the officer, and the witnesses must be paid by the claimant if the verdict be against him; otherwise by the plaintiff. Each party must deposit with the officer, before the trial, the amount of his fees, and the fees of the jury, and the officer must return to the prevailing party the amount so deposited by him.

Source: SDC 1939 & Supp 1960, § 33.1921; SL 1973, ch 126, § 9.

15-18-32. Abandonment of execution--Discharge of levies--Subsequent executions.

The party for whom the execution was issued or the party's attorney of record, or otherwise authorized, may abandon proceedings under any execution at any time by filing with the court from which issued a written statement of such abandonment, or by causing the writ to be returned and filed with an endorsement to the effect that it had been so abandoned, and by paying the costs of such execution and proceedings thereunder, including any actual out-of-pocket expenses and reasonable costs incurred by the sheriff, and by discharging of record any notice of levy which has been filed in any recording or registry office, and by releasing any property seized thereunder. All proceedings, notices, levies, and liens taken pursuant to such execution shall be deemed abandoned, discharged, and released upon the filing of such statement or endorsement. The abandonment of an execution as herein permitted shall be without prejudice to the issue of subsequent executions.

Source: SDC 1939 & Supp 1960, § 33.1910; SL 2007, ch 129, § 1.

15-18-33. Partial abandonment of execution--Subsequent executions.

The party for whom the execution was issued or his attorney of record, or otherwise authorized, may likewise abandon an execution after it has been partially enforced or performed, or after a portion of his claim or other demand has been satisfied, by the same procedure as is provided in § 15-18-32, stating in his statement of such partial abandonment, or report, or return with the writ, the extent to which his claim or demand has been satisfied, and the extent remaining unsatisfied. Such partial abandonment shall not affect the right of such party or other persons interested to have subsequent executions issued.

Source: SDC 1939 & Supp 1960, § 33.1910.

15-18-34. Collection or sale of property levied on.

After making levy thereon an officer may collect things in action by suit in his own name, or by selling the same at public sale.

Source: SDC 1939 & Supp 1960, § 33.1917.

15-18-35. Money and receivables appropriated to judgment without sale.

Money levied upon may be appropriated without being advertised or sold. The same may be done with bank bills, drafts, promissory notes, judgments, or other papers of like character, if the plaintiff will receive them at their full market value as cash, or if the officer can exchange them for cash at that value.

Source: SDC 1939 & Supp 1960, § 33.1916.

15-18-36. Receivables subject to sale or appropriation--Assignment and delivery by officer.

Judgments, bank bills, and other things in action may be sold at public sale, or appropriated as provided by § 15-18-35, and assignment and delivery thereof by the officer shall have the same effect as if made by the defendant.

Source: SDC 1939 & Supp 1960, § 33.1917.

15-18-37. Levy continues against property unsold--New sale or new execution.

When property is unsold for want of bidders, the levy still holds good; and if there be sufficient time it may again be advertised or the execution returned, and one issued again commanding the officer to sell such property.

Source: SDC 1939 & Supp 1960, § 33.1919.

15-18-38. Payment of execution proceeds to judgment creditor.

After first paying his costs and expenses the officer shall pay to the judgment creditor the proceeds of sale, or of moneys appropriated, or so much thereof as will satisfy the execution.

Source: SDC 1939 & Supp 1960, § 33.1920.

15-18-39. Surplus applied to other executions against debtor.

If there be any surplus and if the officer has other unsatisfied executions against the debtor, he may apply such surplus towards satisfaction of the same in the order of their respective priorities and account for any final surplus as provided in § 15-18-40.

Source: SDC 1939 & Supp 1960, § 33.1920.

15-18-40. Surplus deposited in court--Notice to debtor.

If there be any surplus, and the officer has no other executions against the debtor, the officer shall forthwith deposit it in the court from which the execution issued and notify the execution debtor by registered or certified mail at his last known post office address of such deposit, and make report thereof in his return of the execution.

Source: SDC 1939 & Supp 1960, § 33.1920.

15-18-41. Time of return of execution--Extension where levy made.

The execution must be returned within sixty days after its receipt by the officer, and filed in the office of the court or its clerk. If within said sixty days the officer shall have levied under said execution, the time for return is extended for sixty days from the date of such levy and, if an additional or several levies be made, it is extended for a period of sixty days after the date of the last levy.

Source: SDC 1939 & Supp 1960, § 33.1922.

15-18-42. Contents and verification of return of execution.

The return of the officer must be verified by him or his deputy and must show with reasonable detail all his proceedings from the time of receipt of such levy to the final return thereof and all items of receipts and disbursements from funds in disposition of property, and fees and expenses, and must report the net amount credited toward satisfaction of the judgment and any surplus or deficiency remaining, and generally, must show compliance with all provisions of this code relating to such matters.

Source: SDC 1939 & Supp 1960, § 33.1922.

15-18-43. Mailing of return of execution issued in another county--Officer not liable for delay in mails.

When execution shall be issued in any county, and directed to an officer of another county, it shall be lawful for such officer having the execution, after having discharged all the duties required of him by law to transmit such execution by mail to the clerk who issued the same. On proof being made by such officer that the execution was mailed soon enough to have reached such clerk within the time prescribed by law, the officer shall not be liable for any amercement or penalty, if it does not reach the office in due time.

Source: SDC 1939 & Supp 1960, § 33.1922; SL 1973, ch 126, § 10.

15-18-44. Neglect of duty by officer as contempt of court--Liability in damages--Amercement.

If an officer to whom any writ, warrant, or execution is delivered, willfully neglects or fails to perform the duties required thereby or under the provisions of this chapter, which he may have authority to perform, he may be punished by the court as for contempt and shall be liable in damages to any person injured by such neglect or failure, and may be amerced therefor or the same recovered by civil action, as the party injured may elect.

Source: SDC 1939 & Supp 1960, § 33.1909.