A property lien may be utilized to collect a court judgment in South Dakota. This is how it works.
In a civil court matter, a judgment is issued by the court after a judge or jury renders a verdict – or after a court-approved settlement. A typical judgment includes an order for money to be paid from one person to another. However, the individual who owes the money (the debtor) does not always pay it back. A judgment lien is one method of ensuring that the person who obtained the judgment (the creditor) receives what is due to him or her. A judgment lien grants the creditor the right to receive a set amount of money from the profits of the debtor’s property sale.
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What types of property are susceptible to a judgment lien in South Dakota?
A judgment lien may be connected to the debtor’s real estate in every state, which includes a home, condo, land, or other kind of property interest. In addition, certain jurisdictions permit judgment liens on the debtor’s personal property, including as jewelry, art, antiques, and other valuables.
A judgment lien may only be applied to real land in South Dakota (not personal property).
In South Dakota, how can a creditor get a judgment lien?
A judgment lien is automatically placed on the debtor’s existing and future property in the South Dakota county where the judgment is lodged. The creditor must submit the judgment with the clerk of the circuit court in the jurisdiction where the debtor’s property is situated for debtor property in other South Dakota counties.
In South Dakota, how long does a judgment lien last?
In South Dakota, a judgment lien remains connected to the debtor’s property for 10 years (even if the property changes ownership).
Keep in mind that in South Dakota, a creditor’s ability to collect under a judgment lien is influenced by a number of factors, including a fixed amount of value that cannot be touched if the property is the debtor’s primary residence (known as a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If matters get problematic, you should consult with an expert South Dakota bankruptcy and debt attorney to assist you in resolving any lien concerns.
Where can I get information about South Dakota judgment liens?
If you want to go straight to the source and seek out South Dakota laws on judgment liens – whether you’re a party to a judgment or merely looking for possible encumbrances on property – the applicable statute(s) may be found in S.D. Codified Laws Ann. section 15-16-7.