CHAPTER 108

(SB 188)

Garnishee summons and affidavit, time period for service revised.


         ENTITLED, An Act to  revise the time period when a garnishee summons and affidavit is served on the defendant.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 21-18-10 be amended to read as follows:

     21-18-10.   The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within ten thirty days after service on a garnishee, except when service of the summons in the action is made without the state or by publication. When If the defendant shall have appeared appears in the action by attorney, such service may be made upon such attorney or upon the defendant. Unless the garnishee summons is so served on the defendant or his the defendant's attorney in accordance with the provisions of this section, the service on the garnishee shall become is void and of no effect from the beginning.

     Signed February 28, 2001.

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