South Dakota State Bankruptcy Exemptions
§ 43-31-1.
The homestead of every family, resident in this state, as hereinafter defined,
so long as it continues to possess the character of a homestead is exempt from
judicial sale, from judgment lien, and from all mesne or final process from any
court, to the extent and as provided in this code, except that a creditor or
lien holder of a mobile home classified as a homestead under § 43-31-2 prior to
January 1, 1973 shall not be cut off or subject to a homestead exemption. In
addition, the homestead of a person seventy years of age or older and the
unremarried surviving spouse of such person, so long as it continues to possess
the character of a homestead, is exempt from sale for taxes.
§ 43-45-3.
A homestead:
(1) As defined and limited in chapter 43-31, is absolutely exempt; or
(2) In the event such homestead is sold under the provisions of chapter 21-19,
or is sold by the owner voluntarily, the proceeds of such sale, not exceeding
the sum of thirty thousand dollars, is absolutely exempt for a period of one
year after the receipt of such proceeds by the owner. Such exemption shall not
be limited to thirty thousand dollars for a homestead of a person seventy years
of age or older or the unremarried surviving spouse of such person so long as
it continues to possess the character of a homestead.
§ 43-45-2.
The property mentioned in this section is absolutely exempt from all such
process, levy, or sale, except as otherwise provided by law:
(1) All family pictures;
(2) A pew or other sitting in any house of worship;
(3) A lot or lots in any burial ground;
(4) The family Bible and all schoolbooks used by the family, and all other
books used as a part of the family library, not exceeding in value two hundred
dollars;
(5) All wearing apparel and clothing of the debtor and his family;
(6) The provisions for the debtor and his family necessary for one year's
supply, either provided or growing, or both, and fuel necessary for one year;
(7) All property in this state of the judgment debtor if the judgment is in
favor of any state for failure to pay that state's income tax on benefits
received from a pension or other retirement plan while the judgment debtor was
a resident of this state.
§ 43-45-4.
In addition to the property provided for in §§ 43-45-2 and 43-45-3, the debtor,
if the head of a family, may, personally, or by agent or attorney, select from
all other of the debtor's personal property, not absolutely exempt, goods,
chattels, merchandise, money, or other personal property not to exceed in the
aggregate six thousand dollars in value; and, if not the head of a family,
property as aforesaid of the value of four thousand dollars, which is also
exempt, and which shall be chosen and appraised as provided by law.
§ 43-45-6.
The proceeds of any insurance upon the life of any person residing in this
state, at the time of his death and who leaves a surviving widow, husband, or
minor child or children, payable upon his death to his estate, executor, or
administrator, and not assigned to any other person, shall, to any amount not
exceeding ten thousand dollars, inure to the use of such surviving widow,
husband, minor child or children; and such amount shall not be subject to the
payment of any debt of such decedent, or of such surviving widow, husband,
minor child or children. Whenever the proceeds of such insurance become payable
and the insurer makes payment thereof to the administrator or executor of the
estate of such person, such payment shall fully discharge the insurer from all
claims under the policy or contract, and such insurer need not follow the
distribution of such payment.
§ 43-45-13.
In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11
U.S.C. § 522(b)), residents of this state are not entitled to the federal
exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. §
522(d)), exemptions which this state specifically does not authorize. Nothing
herein affects the exemptions given to residents of this state by the state
Constitution and the South Dakota statutes.
§ 43-45-16.
Any person shall have the right to select and designate a total of two hundred
fifty thousand dollars and the income and distributions therefrom from the
employee's benefit plans as exempt from execution, attachment, garnishment,
seizure, or taking by any legal process. This exemption is subject to the right
of the State of South Dakota and its political subdivisions to collect any
amounts owed to them. This section permits benefits under such plan or
arrangement to be payable to a spouse, former spouse, child, or other dependent
of a participant in such plan to the extent expressly provided for in a
qualified domestic relations order as defined in 29 U.S.C. § 1056(d) or in §
401(a)(13) of the Internal Revenue Code.
§ 58-12-4.
The proceeds of a policy of life or health insurance to the total amount of
twenty thousand dollars only, in the absence of any agreement or assignment to
the contrary, shall inure to the separate use of the insured, his surviving
spouse or children, as the case may be, independently of the creditors of any
of them and shall not be subject to the payment of the debts of any one or all
of such persons, notwithstanding that the proceeds may be payable directly to
the insured or surviving spouse or children as the named beneficiary or
beneficiaries or otherwise; and the proceeds of an endowment policy, payable to
the insured on attaining a certain age, to the extent of twenty thousand
dollars shall at all times be exempted from the debts of such spouse or
children of the insured; and the avails of any life or health insurance or
other sum of money not exceeding twenty thousand dollars made payable by any
mutual aid or benevolent society to any member or beneficiary spouse or
children or both shall likewise be exempt.
§ 58-12-6.
The benefits, rights, privileges and options which under any annuity contract
heretofore or hereafter issued are due or prospectively due the annuitant,
shall not be subject to execution nor shall the annuitant be compelled to
exercise any such rights, powers, or options, nor shall creditors be allowed to
interfere with or terminate the contract, except as provided by §§ 58-12-7 to
58-12-9, inclusive.
§ 58-12-7.
Section 58-12-6 does not apply to amounts paid as premium on any such annuity
with the intent to defraud creditors, with interest thereon, and of which the
creditor has given the insurer written notice at its home office prior to the
making of the payments to the annuitant out of which the creditor seeks to
recover. Any such notice shall specify the amount claimed or such facts as will
enable the insurer to ascertain such amount, and shall set forth such facts as
will enable the insurer to ascertain the annuity contract, the annuitant and
the payment sought to be avoided on the ground of fraud.
§ 58-12-8.
The total exemption under § 58-12-6 of benefits presently due and payable to
any annuitant periodically or at stated times under all annuity contracts under
which he is an annuitant, shall not at any time exceed two hundred and fifty
dollars per month for the length of time represented by such installments, and
such periodic payments in excess of two hundred and fifty dollars per month
shall be subject to levy in the manner provided by law and the rules of court.
§ 58-37A-18.
No money or other benefit, charity, relief or aid to be paid, provided or
rendered by any society, is liable to attachment, garnishment or other process,
or to be seized, taken, appropriated or applied by any legal or equitable
process or operation of law to pay any debt or liability of a member or
beneficiary, or any other person who may have a right thereunder, either before
or after payment by the society.
§ 3-12-115. Contributions and benefits exempt from taxation and process
The rights of a person to a benefit, return of accumulated contributions, the
benefit itself, any optional benefits and any other right accrued or accruing
under the provisions of this chapter and all moneys belonging to the system are
hereby exempt from any state, county, municipal or other local tax and may not
be subject to execution, garnishment, attachment, operation of bankruptcy or
insolvency laws or any other process of law whatsoever and shall be
unassignable, except as required under applicable law, including any qualified
domestic relations order as defined in § 414(p) of the Internal Revenue Code of
1954, as amended and in effect on January 1, 1985, or as is otherwise
specifically provided in this chapter.
§ 28-7A-18.
Assistance granted under this chapter is not transferable or assignable at law
or in equity. No money paid or assistance granted under this chapter is subject
to execution, levy, attachment, garnishment, or other legal process, except as
may be expressly authorized by law for purposes of recovery or recoupment by
the department, or to the operation of any bankruptcy or insolvency law.
§ 62-4-42.
No claim for compensation under this title is assignable, and all compensation
and claims therefor are exempt from all claims of creditors except those for
child and spousal support obligations.
§ 61-6-28.
Any assignment, pledge, or encumbrance of any right to benefits which are or
may become due or payable under this title is void except as provided in this
section; such rights to benefits are exempt from levy, execution, attachment,
or any other remedy provided for the collection of debt; and benefits received
by any individual, so long as they are not mingled with other funds of the
recipient, are exempt from any remedy for the collection of all debts, except
debts incurred for necessaries furnished to the individual, his spouse or
dependents during the time when the individual was unemployed. Any waiver not
provided for in this section is void.
The secretary of the department of labor shall furnish information on
individuals receiving unemployment insurance benefits to the department of
social services in accordance with section 303(e) of the Social Security Act as
amended by section 2333(b) of P.L. 97-35 -- August 13, 1981. The secretary may
also furnish this information in accordance with section 13 of the Food Stamp
Act of 1977 as amended by section 1535 of P.L. 99-198. The department of social
services determines periodically whether any of these individuals receiving
unemployment insurance owe child support obligations or an uncollected
overissuance of food stamp coupons.
Each new applicant filing for unemployment insurance benefits must disclose any
obligation for child support payments in accordance with § 28-7-2, and may be
required to disclose any obligation for uncollected overissuances (as defined
in section 13(c)(1) of the Food Stamp Act of 1977) of food stamp coupons, to
the department of labor at the time of filing. If an individual disclosing
child support obligations is eligible for unemployment insurance benefits, the
secretary shall notify the department of social services.
The secretary shall deduct from an eligible individual's unemployment insurance
benefit payment and pay to the secretary of the department of social services:
(1) The amount determined by agreement between the individual and the
department of labor; or
(2) The amount determined by agreement between the individual and the
department of social services; or
(3) The amount determined by the department of social services through legal
processes.
If an individual disclosing an uncollected overissuance of food stamp coupons
is eligible for unemployment insurance benefits, the secretary may notify the
department of social services. The secretary may also deduct from an eligible
individual's unemployment insurance benefit payment, and pay to the secretary
of the department of social services, the amount determined by subdivisions (1)
to (3), inclusive, of this section.
The secretary of the department of social services shall reimburse the
department of labor for administrative costs incurred by the department of
labor attributable to child support payment obligations and food stamp
overissuance obligations being enforced by the department of social services.
§ 24-8-10. Earnings not exempt from seizure
The earnings of inmates under this chapter are not subject to garnishment,
attachment, or execution either in the hands of the employer or an agent
authorized to hold or transmit such moneys.
§ 15-20-12. Order applying judgment debtor's property to satisfaction of judgment
The judge may order any property of the judgment debtor not exempt from
execution in the hands either of himself or any other person or due the
judgment debtor to be applied to the satisfaction of the judgment; except that
the earnings of the debtor for his personal services at any time within sixty
days next preceding the order cannot be so applied when it is made to appear by
the debtor's affidavit or otherwise that such earnings are necessary for the
use of a family supported wholly or partly by his labor.
§ 21-18-51.
The maximum part of the aggregate disposable earnings of an individual for any
workweek which is subject to garnishment may not exceed the lesser of:
(1) Twenty percent of disposable earnings for that week;
(2) The amount by which disposable earnings for that week exceed forty times
the federal minimum hourly wage prescribed by section 6(a) (1) of the Fair
Labor Standards Act of 1938, as amended and in effect on September 1, 1997,
Pub. L. 95-151; 91 Stat. 1245; 29 U.S.C. 206, or any equivalent multiple
thereof prescribed by regulation by the secretary of labor in case of earnings
for any pay period other than a week, in effect at the time the earnings are
payable less twenty-five dollars per week for each dependent family member
residing with the garnishment debtor other than the garnishment debtor himself
or herself.
The restrictions of subdivisions (1) and (2) do not apply in the case of any
order of any court for the support of any person or any order of any court of
bankruptcy under Title 11 of the United States Code.
Note: Exemptions may have changed since our last update.
» Back to Bankruptcy Laws In Your State