After a debt judgment in South Dakota: garnishment, bank levy, exemptions

Garnishment, bank levies and exemptions, with the deadline to claim them.

Checked against official sources: Oct 24, 2026.

Short answer

After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). If you get a notice of levy, you can claim exemptions within 5 days after the notice is served on you, or within 8 days after it is mailed by registered or certified mail.

How long it lasts
20 years
Interest after the judgment
10%

How to claim an exemption in South Dakota

If you get a notice of levy, you can claim exemptions within 5 days after the notice is served on you, or within 8 days after it is mailed by registered or certified mail. File your claim with the court and serve it on the creditor and the officer. The claim must be sworn and include a schedule of all your property with values, marking what you claim as exempt. Some property (absolute exemptions) stays protected even without a claim. If you never got a notice of levy, you can claim within 90 days after you learn of the levy.

Law: SDCL 21-18-3.1, 21-18-6, 21-18-10, 21-18-23, 21-18-33; SDCL 21-19-3, 21-19-5, 21-19-9, 21-19-10, 21-19-11, 21-19-15; SDCL 21-18-51

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Exemption claim cover letter

Your bank account after a judgment in South Dakota

The creditor serves a garnishee summons and affidavit on your bank, which must answer within 30 days. The papers must also be served on you. The bank holds the money it reports for up to 180 days; to actually take it, the creditor must serve a levy, get your agreement, or get a court order. You can ask the court to release part of the money while the garnishment is pending. Garnishment is not allowed before judgment.

Law: SDCL 21-18-3.1, 21-18-6, 21-18-10, 21-18-23, 21-18-33

Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask.

Law: 31 CFR 212.5, 212.6

The judgment's life in South Dakota

Interest after the judgment

10% a year (the Category B rate) from the date of the judgment.

Law: SDCL 54-3-5.1; SDCL 54-3-16(2)

How long it lasts

The creditor can enforce the judgment by execution for up to 20 years after it is entered. The judgment is a lien on your real estate (except your homestead) for 10 years; before the 10 years run out, the creditor can renew it by affidavit, which continues the lien for another 10 years.

Law: SDCL 15-18-1; SDCL 15-16-7; SDCL 15-16-33, 15-16-35; SDCL 15-2-6(1)

Judgment interest and how long a judgment lasts, by state

Wage garnishment in South Dakota

No more than the lesser of 20% of disposable earnings, or the amount above 40 times the federal or South Dakota minimum wage (whichever is higher) per week. The amount that can be taken under the 40-times-minimum-wage test is cut by $25 a week for each dependent family member living with you.

Law: SDCL 21-18-51

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: South Dakota

For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more.

Law: 15 U.S.C. 1673(a)

Steps to protect your money in South Dakota

  1. Watch for notices

    Each notice may start a short deadline, so read it right away.

  2. Gather proof

    Benefit letters and bank statements show which money is exempt.

  3. Ask the court to protect your money

    South Dakota's rule: If you get a notice of levy, you can claim exemptions within 5 days after the notice is served on you, or within 8 days after it is mailed by registered or certified mail.

  4. Show up at the hearing

    A judge decides disputed claims; bring every paper.

  5. Talk to legal aid

    Legal aid can help for free: SD Law Help (apply for free legal aid) and East River Legal Services.

Free help in South Dakota

Questions about collection after a judgment in South Dakota

Does a judgment grow with interest in South Dakota?

10% a year (the Category B rate) from the date of the judgment.

Can a judgment be renewed in South Dakota?

The creditor can enforce the judgment by execution for up to 20 years after it is entered. The judgment is a lien on your real estate (except your homestead) for 10 years; before the 10 years run out, the creditor can renew it by affidavit, which continues the lien for another 10 years.

How much of my pay can be taken in South Dakota?

No more than the lesser of 20% of disposable earnings, or the amount above 40 times the federal or South Dakota minimum wage (whichever is higher) per week. The amount that can be taken under the 40-times-minimum-wage test is cut by $25 a week for each dependent family member living with you.

Can a creditor take money from my bank account in South Dakota?

The creditor serves a garnishee summons and affidavit on your bank, which must answer within 30 days. The papers must also be served on you. The bank holds the money it reports for up to 180 days; to actually take it, the creditor must serve a levy, get your agreement, or get a court order. You can ask the court to release part of the money while the garnishment is pending. Garnishment is not allowed before judgment.

What is the deadline to claim an exemption in South Dakota?

If you get a notice of levy, you can claim exemptions within 5 days after the notice is served on you, or within 8 days after it is mailed by registered or certified mail. File your claim with the court and serve it on the creditor and the officer. The claim must be sworn and include a schedule of all your property with values, marking what you claim as exempt. Some property (absolute exemptions) stays protected even without a claim. If you never got a notice of levy, you can claim within 90 days after you learn of the levy.

Related South Dakota pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources