Section TCT.05.17 — Enforcement Of The Judgment

(a) Upon failure of a party to pay or otherwise satisfy the terms of the conditions of the judgment rendered by the Court pursuant to this Code, the prevailing party may seek satisfaction of the judgment as provided for below:

(b) Execution:

(1) The judgment creditor may seek a Writ of Execution upon any specific personal property of the judgment debtor when such property is in the possession of the judgment debtor and is found within the jurisdiction of the Stockbridge-Munsee Tribal Court.

(2) The Writ shall specify the property to be seized and the amount owing to the judgment creditor. Such property is to be seized by a duly authorized enforcement officer and sold in order to satisfy all or part of the judgment.

(3) A notice of sale shall be mailed to the judgment debtor and shall be posted at two public places within the reservation for ten (10) days prior to the sale by the Court. The sale shall be conducted by the Court Clerk or a duly authorized law enforcement officer who shall issue a bill of sale for the property to the highest bidder in return for a cash amount but not for less than the appraised value of the property.

(4) Proceeds of the sale shall first go to satisfy the cost of the sale, second to any unpaid court costs, next to satisfy any portion of the judgment still owing. Any amount remaining after the above has been paid shall be paid over to the defendant.

(1) The judgment creditor may seek a Writ of Garnishment upon any specific personal property of credits, including wages or salary owed by another to the judgment debtor which is in the possession of a third party and is found within the jurisdiction of the Stockbridge-Munsee Tribal Court.

(2) The Writ shall specify the amount owing to the judgment creditor, as well as the name and address of the garnishee in whose possession the subject matter listed in the writ of garnishment is in.

(3) Notice of garnishment shall be served on the garnishee ordering the garnishee not to pay or deliver the property or credits owing to the debtor until the result of the garnishment proceeding is determined.

(4) The garnishee shall be required to file a return with the Court containing the amount and a description of property of the judgment debtor which is in the garnishee's possession. Such return shall be filed with the Court within ten (10) days from the date the garnishee was served with notice of the garnishment.

(5) It shall be proper for the Court to issue a Writ of Garnishment against the Stockbridge-Munsee Tribe when it is determined the Tribe qualifies as a garnishee, and for this limited purpose the Tribe shall not exert its immunity from suit.

(d) Writ of Recovery:

(1) Whenever the Court has issued a judgment ordering the party to deliver possession of real or personal property to another party and such deliver has not taken place within the time limit prescribed in the judgment, the aggrieved party may seek a writ of recovery for such property.

(2) The Writ shall describe the real or personal property involved in enough detail to enable officers of the Court to locate such property, and shall authorized a law enforcement officer to take possession of specified real or personal property from a wrongful holder and deliver possession thereof to the party indicated on the Writ.