ENTITLED, An Act to revise the procedure for the discharge of civil judgments against a person
who has received a discharge of debt pursuant to the United States Code, Title 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 15-16 be amended by adding thereto a NEW SECTION to read as
Any person who has secured a discharge of a civil judgment debt pursuant to United States Code,
Title 11, and any person interested in real property to which the judgment attaches may submit an
application for a discharge of the judgment to the clerk of court in which the judgment was entered
Section 2. That chapter 15-16 be amended by adding thereto a NEW SECTION to read as
An application under section 1 of this Act shall identify each judgment to be discharged, shall
be accompanied by a certified copy of the judgment debtor's bankruptcy discharge, shall state the
time the judgment creditor has to object as specified in section 3 of this Act and the grounds for
objection as specified in section 4 of this Act and shall be served at the expense of the applicant on
each judgment creditor either:
(1) In the manner provided for the service of a summons in a civil action accompanied by an
affidavit of service; or
(2) By certified mail to the judgment creditor's last known address as it appears in the court
record accompanied by an affidavit of mailing.
Section 3. That chapter 15-16 be amended by adding thereto a NEW SECTION to read as
The clerk, without further notice or hearing, shall discharge each judgment except a judgment
in favor of a judgment creditor who has filed an objection to discharge of the judgment within ten
days after service of the application on the judgment creditor. Service shall be deemed effective from
the date deposited in the U.S. mail or from the date of actual service. An objection to discharge of
a judgment shall be served on the judgment debtor in the same manner as an answer in a civil action.
Section 4. That chapter 15-16 be amended by adding thereto a NEW SECTION to read as
If a judgment creditor objects to the discharge of a judgment, on motion of the judgment debtor,
the judgment creditor, or other interested party, the court shall order the judgment discharged except
to the extent that the debt represented by the judgment was not discharged by the bankruptcy
Section 5. That chapter 15-16 be amended by adding thereto a NEW SECTION to read as
The application shall be in substantially the following form:
APPLICATION FOR DISCHARGE OF JUDGEMENT(S)
In the Matter of the Application of:
PLEASE NOTICE, the undersigned, acting for the judgement debtor(s) applies for the discharge of
the following judgment(s) entered in [Name of County]:
[List judgments, including case number, creditor(s), date of docketing, and amount.]
A certified copy of the judgment debtor's bankruptcy discharge and an affidavit of service for each
judgment creditor is attached.
Creditors Please Note:
Pursuant to §§ [....], the clerk will discharge the judgment(s) listed within
ten days after service of this application unless an objection to discharge is served on the judgment
debtor(s) and filed with the clerk.
Creditors may object to discharge if the debt represented by the judgment was not discharged by the
Person Interested in Real Property
or Attorney for Debtor or Person
Section 6. That chapter 15-16 be amended by adding thereto a NEW SECTION to read as
Upon the discharge of a judgment by the clerk pursuant to section 3 of this Act, a judgment shall
cease to be a lien on any real property that the person discharged in bankruptcy owns or later
Section 7. That chapter 15-16 be amended by adding thereto a NEW SECTION to read as
Nothing contained in sections 2 to 7, inclusive, of this Act, however, may be construed to apply
to any judgment which constituted a valid lien upon any specific property of such judgment debtor,
as distinguished from the general judgment lien on real property.
Section 8. That § 15-16-20 be repealed.
Section 9. That § 15-16-21 be repealed.
Section 10. That § 15-16-22 be repealed.
Section 11. That § 15-16-23 be repealed.
Section 12. That § 15-16-24 be repealed.
Section 13. That § 15-16-25 be repealed.
Section 14. That § 15-16-26 be repealed.
Section 15. That § 15-16-27 be repealed.
An Act to revise the procedure for the discharge of civil judgments against a person who has
received a discharge of debt pursuant to the United States Code, Title 11.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1095
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1095
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State