Wage Garnishment
SDCL § 21-18-51 — no garnishment before judgment, and no more than twenty percent of disposable earnings a week
Judgment first. Garnishment before a final judgment in the case is prohibited.
No more may be garnished in a week than the lesser of twenty percent of disposable earnings, or what exceeds forty times the minimum hourly wage, less twenty-five dollars per week for each dependent family member living with the debtor.
For a support order, the limit is fifty percent of disposable earnings for someone supporting another spouse or child, and sixty percent otherwise, rising to fifty-five percent and to sixty-five percent for support overdue more than twelve weeks.
A particular garnishment is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 21-18-3.1 — Garnishment prohibited before judgment
- SDCL § 21-18-51 — Maximum amount subject to garnishment
- SDCL § 21-18-52 — Maximum garnishment allowed for support of any person
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.