South Dakota § 21-17A-5 - Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant.

Full text of South Dakota South Dakota Codified Laws § 21-17A-5 — Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant., with citation guidance and answers to common questions.

§ 21-17A-5. Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant.

An action may be maintained and a writ of attachment issued on a demand not yet due in any case mentioned in § 21-17A-3 or 21-17A-4, except the cases mentioned in subdivision 21-17A-3(5), (6), or (7) and the same proceedings in the action shall be had and the same affidavit shall be required as in actions upon matured demands except that the affidavit shall state that the debt is to become due. The bond specified in § 21-17A-7 shall be for three times the amount demanded. In case an attachment is issued before the maturity of the debt and a defense to such attachment is sustained the court shall render a judgment for damages and costs against the plaintiff.

Source: SL 1983, ch 168, § 5.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 21-17A-5

What does South Dakota Codified Laws § 21-17A-5 cover?

Section 21-17A-5 ("Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 21-17A-5?

A common citation format is "South Dakota Codified Laws § 21-17A-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 21-17A-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.