What Creditors Can't Take in South Dakota
Money, home and vehicle exemptions that protect your property from creditors in South Dakota.
Short answer: No separate bank account exemption. A head of a family may select up to $7,000 of other personal property, including money, as exempt; a debtor who is not a head of a family may select up to $5,000. SDCL 43-45-4
| Money protected in a bank account | No separate bank account exemption. A head of a family may select up to $7,000 of other personal property, including money, as exempt; a debtor who is not a head of a family may select up to $5,000. Source: SDCL 43-45-4 |
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| Homestead exemption | The homestead (one dwelling and appurtenant buildings, up to 1 acre in a town plat or 160 acres outside) is absolutely exempt with no general dollar cap. If the homestead is sold, up to $100,000 of the proceeds stays exempt for one year. For an owner 70 or older (or the unremarried surviving spouse), the exemption is limited to $170,000. Proceeds and age-70 limit: https://sdlegislature.gov/api/Statutes/43-45.html?all=true |
| Vehicle exemption | No separate motor vehicle exemption; a vehicle can be protected under the general personal property allowance ($7,000 for a head of a family, $5,000 otherwise). Source: SDCL 43-45-4 |
| Bankruptcy exemptions | South Dakota has opted out of the federal bankruptcy exemptions; residents use South Dakota exemptions. Source: SDCL 43-31-30 |
Where to get help in South Dakota
More South Dakota debt & collections
- Statute of Limitations on Debt in South Dakota
- Wage Garnishment in South Dakota
- How to Respond to a Debt Collection Lawsuit in South Dakota
- All South Dakota debt & collections rules
FAQ
How much money in a bank account is protected from creditors in South Dakota?
No separate bank account exemption. A head of a family may select up to $7,000 of other personal property, including money, as exempt; a debtor who is not a head of a family may select up to $5,000.
What is the homestead exemption in South Dakota?
The homestead (one dwelling and appurtenant buildings, up to 1 acre in a town plat or 160 acres outside) is absolutely exempt with no general dollar cap. If the homestead is sold, up to $100,000 of the proceeds stays exempt for one year. For an owner 70 or older (or the unremarried surviving spouse), the exemption is limited to $170,000.
Can a creditor take my car in South Dakota?
No separate motor vehicle exemption; a vehicle can be protected under the general personal property allowance ($7,000 for a head of a family, $5,000 otherwise).
Which bankruptcy exemptions can I use in South Dakota?
South Dakota has opted out of the federal bankruptcy exemptions; residents use South Dakota exemptions.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.