The Tribal Court shall order seizure and sale of only such property of the judgment debtor as will not impose an immediate and substantial hardship on his or her immediate family.
Only property owned by the judgment debtor may be subject to execution, and not property owned by the judgment debtor’s immediate family.
All trust property, income from trust property, or property subject to a restriction on alienation is exempt from execution under this Chapter, except for foreclosure against such property as may be allowed elsewhere by the law of the Tribe.
(Res. 09-A-128, 12/8/2009)
The following items of personal property are exempt from execution or garnishment:
(a) 
All wearing apparel of every person and their immediate family, but not to exceed one thousand dollars ($1,000) in value in furs, jewelry and personal ornaments for any person;
(b) 
All private libraries of every individual, but not to exceed fifteen hundred dollars ($1,500) in value;
(c) 
All family pictures and keepsakes;
(d) 
“Tools of the Trade” necessary for any person to carry on the trade, occupation, or profession by which that person habitually earns his or her living not to exceed fifteen thousand dollars ($15,000), provided that, the Court may allow up to $100,000 to be exempted where the “tools of the trade” are to be used in exercising a Treaty-protected right;
(e) 
A reasonable motor vehicle(s) exemption may be allowed at the discretion of the Court, provided that no more than two (2) vehicles shall be exempted per person, and that the total aggregate value shall not exceed twelve thousand, five hundred dollars ($12,500);
(f) 
Insurance proceeds for exempt items that have been lost, stolen, or destroyed;
(g) 
Proceeds of life and disability insurance and annuities;
(h) 
Any items which have cultural or religious significance; and
(i) 
Any property, wages or income that is otherwise protected under this Chapter.
(Res. 09-A-128, 12/8/2009)
Except as provided in this Chapter, the residence of the judgment debtor is exempt from attachment, execution or forced sale for the payment of any judgment up to the amount specified in subsection (g) of this section.
The residence consists of the dwelling house or mobile home in which the judgment debtor resides or intends to reside. Residence also includes those buildings or structures necessarily connected with the use and enjoyment of the dwelling house or mobile home, or buildings or structures when they are used with the land for its benefit, and the land on which the residence is located.
If the judgment debtor is married, the residence may consist of the jointly owned property of the spouses, or the separate property of either spouse.
If the judgment debtor is not married, the residence may consist of any of his or her real property and the improvements thereon which are used for the judgment debtor’s primary residence.
The same premises and personal property may not be claimed separately by both husband and wife for the purpose of increasing the amount of the residence exemption.
The “net value” of a residence is the market value minus all liens and encumbrances.
The total amount of the residence exemption shall not exceed the lesser of:
(a) 
The total net value of the lands, residence and improvements, as described in this Section; or
(b) 
The sum of one hundred thousand dollars ($100,000).
(Res. 09-A-128, 12/8/2009)
Except as provided in paragraph (b) of this Section, if a garnishee is an employer owing the judgment debtor wages, then for each week of such wages, an amount shall be exempt from garnishment that is the greater of the following:
(a) 
Thirty (30) times the federal minimum hourly wage prescribed by federal law in effect at the time the earnings are payable; or
(b) 
Fifty percent (50%) of the net wages or salary of the judgment debtor.
In the case of a garnishment based on a judgment or other court order for child support or court order for spousal maintenance the exemption shall be up to fifty percent (50%) of the net wages or salary of the judgment debtor if the individual is supporting a spouse or dependant child other than a spouse or child on whose behalf the garnishment is brought, or up to forty percent (40%) of the net wages or salary of the judgment debtor if the individual is not supporting such a spouse or dependant child.
If the wages of a judgment debtor are derived from self-employment treaty income, fifty percent (50%) of such wages shall be exempt.
The exemptions stated in this section shall apply whether such wages are paid, or are to be paid, weekly, monthly, or at other intervals, and whether wages are due the judgment debtor for one week, a portion of a week, or for a longer period.
Unless directed otherwise by the Court, the garnishee shall determine and deduct exempt amounts under this section as directed in the writ of garnishment and shall pay these amounts to the judgment debtor.
(Res. 09-A-128, 12/8/2009)
The residence exemption is not available against an execution or forced sale in satisfaction of judgments obtained:
(a) 
On debts secured by a mechanic’s, laborer’s, material men’s or vendor’s lien upon the residence; and
(b) 
On debts secured by either a security agreement describing as collateral a mobile home that is being claimed as a homestead, or by a mortgage or deed of trust on the residence that has been executed and acknowledged by the husband and wife or by an unmarried claimant.
(Res. 09-A-128, 12/8/2009)
If the judgment debtor owns property jointly with another, a judgment creditor may obtain a writ of execution and force a sale of the judgment debtor’s interest, provided the property is not otherwise exempt. An individual who jointly owns property with a judgment debtor shall have the right to meet the highest bid at a sale, and thereby obtain the judgment debtor’s interest.
(Res. 09-A-128, 12/8/2009)
In considering any action to enforce a judgment or repossess personal property located within the Reservation in connection with a consumer transaction, the Tribal Court may review the underlying facts and circumstances of the consumer transaction in order to determine the existence of any unconscionable act or practice by the seller of the consumer goods or the creditor for the transaction.
In determining whether an act or practice by the seller or creditor is unconscionable, the Tribal Court shall consider the following circumstances when it is shown that the supplier or creditor knew or had reason to know that:
(a) 
The seller or creditor took advantage of the inability of the consumer reasonably to protect his or her interests because of physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement, or similar factors;
(b) 
When the consumer transaction was entered into, the price or credit terms grossly exceeded the price at which similar property, services or credit were readily obtainable in similar transactions by like consumers in the geographic area;
(c) 
When the consumer transaction was entered into there was no reasonable probability of payment of the obligation in full by the consumer; or
(d) 
The seller or creditor made a misleading statement of opinion on which the consumer was likely to rely to his or her detriment.
If the Tribal Court determines that an act or practice in a consumer transaction was unconscionable, the Court may deny the relief requested or may enforce only such part of a judgment as was not affected by the unconscionable act or practice.
(Res. 09-A-128, 12/8/2009)