All Laws Decoded

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 accountNo 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
Homestead exemptionThe 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 exemptionNo 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 exemptionsSouth Dakota has opted out of the federal bankruptcy exemptions; residents use South Dakota exemptions.

Where to get help in South Dakota

More South Dakota debt & collections

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.