South Dakota § 15-16-38 - Contents of application--Service on judgment creditors.

Full text of South Dakota South Dakota Codified Laws § 15-16-38 — Contents of application--Service on judgment creditors., with citation guidance and answers to common questions.

§ 15-16-38. Contents of application--Service on judgment creditors.

An application under § 15-16-37 shall be sworn under oath and identify each judgment to be discharged, shall state that each judgment sought to be discharged was listed on the debtor's bankruptcy schedules, that no judgment sought to be discharged is nondischargeable under 11 USC § 523 or no order was entered by the bankruptcy court declaring any of the judgments nondischargeable, shall be accompanied by a certified copy of the judgment debtor's bankruptcy discharge, shall state the time the judgment creditor has to object as specified in § 15-16-39 and the grounds for objection as specified in § 15-16-40 and shall be served at the expense of the applicant on each judgment creditor either:

(1)    In the manner provided for the service of a summons in a civil action accompanied by an affidavit of service; or

(2)    By certified mail to the judgment creditor's last known address as it appears in the court record accompanied by an affidavit of mailing.

Source: SL 2012, ch 110, § 2; SL 2013, ch 97, § 1.

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

Frequently Asked Questions About South Dakota § 15-16-38

What does South Dakota Codified Laws § 15-16-38 cover?

Section 15-16-38 ("Contents of application--Service on judgment creditors.") 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 § 15-16-38?

A common citation format is "South Dakota Codified Laws § 15-16-38" (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 § 15-16-38 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.