South Dakota § 55-16-9 - Creditors' actions limited to transfers with intent to defraud.

Full text of South Dakota South Dakota Codified Laws § 55-16-9 — Creditors' actions limited to transfers with intent to defraud., with citation guidance and answers to common questions.

§ 55-16-9. Creditors' actions limited to transfers with intent to defraud.

Notwithstanding any other provision of law, including chapter 54-8A, no action of any kind, including an action to enforce a judgment entered by a court or other body having adjudicative authority, may be brought at law or in equity for an attachment or other provisional remedy against property that is the subject of a qualified disposition or for avoidance of a qualified disposition unless the settlor's transfer of property was made with the intent to defraud that specific creditor. In the event of any conflict between any provision of this chapter and any provision of chapter 54-8A or any other provision of law similar to any provision of chapter 54-8A, the provisions of this chapter control and prevail.

Source: SL 2005, ch 261, § 9; SL 2008, ch 257, § 16; SL 2014, ch 226, § 21.

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

Frequently Asked Questions About South Dakota § 55-16-9

What does South Dakota Codified Laws § 55-16-9 cover?

Section 55-16-9 ("Creditors' actions limited to transfers with intent to defraud.") 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 § 55-16-9?

A common citation format is "South Dakota Codified Laws § 55-16-9" (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 § 55-16-9 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.