South Dakota Codified Laws > Title 21 > Chapter 18 – Garnishment of Debts and Property

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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 18 - Garnishment of Debts and Property

• Affidavit : A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer : The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal : A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Bankruptcy : Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Complaint : A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract : A legal written agreement that becomes binding when signed.
• Corporation : A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages : Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant : In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent : A person dependent for support upon another.
• Garnishment : Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Jurisdiction : (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lien : A claim against real or personal property in satisfaction of a debt.
• Obligation : An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person : includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
• Plaintiff : The person who files the complaint in a civil lawsuit.
• Property : includes property, real and personal. See South Dakota Codified Laws 2-14-2
• Summons : Another word for subpoena used by the criminal justice system.
• Trial : A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.