Skip to content
Oakclause

Wage Garnishment Limits in South Dakota

In South Dakota, garnishment is limited to the lesser of 20% of weekly disposable earnings or the amount above 40 times the minimum wage, less $25 a week for each dependent living with the worker.

Last checked . General information, not legal advice.

South Dakota at a glance

Garnishment limit for consumer debt
Lesser of 20% or amount above 40x minimum wage
Uses the federal or state minimum wage, whichever is greater, and subtracts $25 a week per dependent.
Garnishment allowed for consumer debt
Yes
Stricter than federal limit
Yes
Head of household exemption
Yes, $25 a week per dependent
Separately, a court cannot apply earnings from the last 60 days to a judgment if the debtor shows they are needed for a family the debtor supports.

Sources

Last checked

The rules in South Dakota

How much of your wages can be garnished for consumer debt in South Dakota?

Garnishment limit for consumer debt in South Dakota: Lesser of 20% or amount above 40x minimum wage. Uses the federal or state minimum wage, whichever is greater, and subtracts $25 a week per dependent.

Can wages be garnished for ordinary consumer debt in South Dakota?

Yes. Garnishment allowed for consumer debt in South Dakota: yes.

Does South Dakota protect more wages from garnishment than federal law?

Yes. Stricter than federal limit in South Dakota: yes.

Does South Dakota give extra garnishment protection to a head of household?

Yes, $25 a week per dependent. Head of household exemption in South Dakota: yes, $25 a week per dependent. Separately, a court cannot apply earnings from the last 60 days to a judgment if the debtor shows they are needed for a family the debtor supports.

Where do the South Dakota wage garnishment limits come from?

The rules above come from S.D. Codified Laws 21-18-51 and S.D. Codified Laws 15-20-12. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Disposable earnings are what remains after deductions the law requires, such as income tax, Social Security and required withholding. Voluntary deductions like health insurance or retirement contributions are usually not subtracted, so the protected amount is often less than take home pay suggests.

The limits in this guide apply to ordinary consumer debt. Child support, alimony, federal and state taxes, and federal student loans follow separate rules that often allow a larger share of pay to be taken, even in states with strict limits for other debts.

Exemptions are often not applied automatically. A worker may need to file a claim of exemption with the court within a short deadline after receiving notice of the garnishment. Reading the notice promptly, and talking with the creditor about a payment plan or settlement, can keep more of each paycheck.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.