Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.
In South Dakota, the execution of a judgment is governed by state statutes, which outline the process for enforcing a court's decision when a judgment debtor owes money to a judgment creditor. After a creditor obtains a judgment, they can request a writ of execution from the court. This writ authorizes the sheriff or constable to seize and either take possession of or sell the debtor's property to satisfy the judgment. The types of property that can be seized and the procedures for sale are specified by law, including exemptions that protect certain property from seizure. The sheriff or constable is responsible for conducting the sale, usually through a public auction, and distributing the proceeds to the creditor, minus any costs associated with the execution process. It's important for both creditors and debtors to understand their rights and obligations under South Dakota's execution laws, and an attorney can provide specific guidance based on the details of the case.