This Chapter shall be known as the “Port Gamble S’Klallam Tribe Enforcement of Judgments Code”.
(Res. 09-A-128, 12/8/2009)
This Chapter is enacted pursuant to authority provided to the Tribal Council by Article IV, Section 3.A of the Port Gamble S’Klallam Tribe’s Constitution.
(Res. 09-A-128, 12/8/2009)
The meaning of the terms used in this Chapter is:
(b) “Enforcement Officer”
means an officer of the Port Gamble S’Klallam Tribal Police or other officer designated to act in this capacity by the Tribal Court.
(c) “Foreign Judgment"
means any judgment, decree or order of any other tribal, state or federal court.
(d) “Garnishee” or “Garnishee Defendant”
means the person served a writ of garnishment, usually a third person indebted to, or in possession of wages or property of, a judgment debtor.
(e) “Immediate Family”
means all persons living in the same household, including, but not limited to, husband, wife, children, parents and grandparents.
(f) “Judgment Creditor”
means the person in whose favor a judgment has been entered by a court.
(g) “Judgment Debt”
means an indebtedness that is the subject of a judgment entered by a court.
(h) “Judgment Debtor”
means the person against whom a judgment has been entered by a court.
(i) “Net Wages” or “Wages” or “Salary”
means income by way of earnings, interest, or rent after deducting the payment of mandatory taxes and deductions, family insurance premiums, and voluntary retirement deductions up to five percent (5%) of gross wages.
(j) “Person”
means any natural person, corporation, trust, unincorporated association, partnership, and federal, state or local governments, agencies or subdivisions thereof.
(k) “Reservation”
means the lands and waters within the exterior boundaries of the Port Gamble S’Klallam Tribe’s reservation.
(l) “Council” or “Tribal Council”
means the Tribal council of the Port Gamble S’Klallam Tribe.
(n) “Tribal Court” or “Court”
means the Port Gamble S’Klallam Tribal Court.
(o) “Trust Land” or “Trust Property”
means property within the exterior boundaries of the Reservation or lands outside the boundaries of the Reservation held in trust by the United States for the Tribe or tribal members.
(Res. 09-A-128, 12/8/2009)
The Council enacts this Chapter to provide a means for enforcement of the judgments of the Tribal Court. This Chapter also provides the exclusive means by which foreign judgments may be enforced in the Tribal Court.
(Res. 09-A-128, 12/8/2009)
The Tribal Court is vested with the fullest personal, subject matter and territorial jurisdiction permissible under the Constitution of the Port Gamble S’Klallam Tribe and to the extent consistent with federal law.
(Res. 09-A-128, 12/8/2009)
If, after the time for appeal has run, a judgment debtor fails to pay or otherwise comply with the terms or conditions of the judgment, the judgment creditor may seek to enforce the judgment, or the Tribal Court may order enforcement on its own motion, in the manner provided for in this Chapter.
(Res. 09-A-128, 12/8/2009)
Unless the judgment has been renewed by the Court before its expiration and except as may be specifically provided elsewhere by the law of the Tribe, no judgment of the Tribal Court shall be enforceable after ten (10) years from the date it is entered.
(Res. 09-A-128, 12/8/2009)
At the request of a judgment creditor the Court shall order the judgment renewed and extended for an additional ten (10) years if the request is made to the Court prior to the expiration of ten (10) years after the date of entry of the judgment,.
(Res. 09-A-128, 12/8/2009)
A judgment of the Tribal Court shall be considered a lawful debt for purposes of probate proceedings or other actions regarding a deceased person’s estate.
(Res. 09-A-128, 12/8/2009)
Nothing in this Chapter shall affect the right of the Tribe to assert immunity from suit by virtue of its status as a sovereign entity, except that the Tribe may not assert sovereign immunity when named and served as a garnishee in a garnishment order issued by the Tribal Court pursuant to this Chapter. Nothing in this Chapter shall be construed as a waiver of immunity for any administrative order or order from any other court.
(Res. 09-A-128, 12/8/2009)
After an order of execution has been issued, or upon the motion of a judgment creditor, the Court may require the judgment debtor to submit a list of the location and nature of his or her assets which may be used to pay the judgment, and those assets that he or she wishes to claim as exempt. The list may be provided by written or oral response and shall be made under oath.
A request by the Court to receive this list shall be answered and returned to the court within ten (10) days and the request shall carry instructions to that effect. If the judgment debtor fails to respond in either oral or written form, the judgment creditor may apply to the Court for and serve the judgment debtor with an Order to Show Cause why he or she should not be held in contempt of court.
(Res. 09-A-128, 12/8/2009)