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South Dakota · Through 2026-08-31 · Newer source version available

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

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Where this section sits in the code
  1. TITLE 21. JUDICIAL REMEDIES
  2. CHAPTER 21-17A. ATTACHMENT OF PROPERTY

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.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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