South Dakota § 21-18-31 - Motion for order on answer of garnishee and defendant--Affidavit.

Full text of South Dakota South Dakota Codified Laws § 21-18-31 — Motion for order on answer of garnishee and defendant--Affidavit., with citation guidance and answers to common questions.

§ 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.

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

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

Frequently Asked Questions About South Dakota § 21-18-31

What does South Dakota Codified Laws § 21-18-31 cover?

Section 21-18-31 ("Motion for order on answer of garnishee and defendant--Affidavit.") 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 § 21-18-31?

A common citation format is "South Dakota Codified Laws § 21-18-31" (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 § 21-18-31 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.