A judgment creditor may petition the Tribal Court for a Writ of Execution upon any non-exempt personal property belonging to the judgment debtor when such property is in the possession of the judgment debtor and is found within the jurisdiction of the Court. The petition shall state the following facts:
(a) 
That the judgment creditor has a judgment wholly or partially unsatisfied in the Tribal Court;
(b) 
The amount alleged to be due under that judgment;
(c) 
That the judgment creditor has reason to believe and does believe that the judgment debtor has non-exempt property on which the judgment could be executed; and
(d) 
A list of the specific non-exempt property on which the judgment creditor is seeking execution and the estimated value of each item of property.
(Res. 09-A-128, 12/8/2009)
Upon receipt of a petition for a Writ of Execution, the Court shall schedule a hearing date within twenty (20) days. At the hearing the judgment debtor may show that the judgment has been satisfied or that any or all of the property mentioned in the petition is exempt from execution. The Court shall not reconsider the merits of the original action, except as provided for in Section 3.09.19.
(Res. 09-A-128, 12/8/2009)
The judgment debtor shall be provided with a notice of the hearing and a copy of the petition no less than ten (10) days prior to the date of the hearing.
The notice shall inform the judgment debtor that the hearing is the judgment debtor’s opportunity to show that the judgment has been paid or that any or all of the property mentioned in the petition for Writ of Execution is exempt from execution.
(Res. 09-A-128, 12/8/2009)
The judgment debtor may file with the Clerk of the Court a written answer or response to the creditor’s petition for a Writ of Execution.
The answer is due at least two (2) days before the hearing on the petition.
A copy of the answer or response must also be delivered to the judgment creditor in the manner provided in Section 3.02.04 of this Title at least two (2) days before the hearing on the petition.
(Res. 09-A-128, 12/8/2009)
The Court may issue a Writ of Execution when it finds that:
(a) 
The judgment creditor has a valid judgment that has not been paid;
(b) 
The time for appeal of the judgment has run; and
(c) 
There exists non-exempt personal property upon which to execute the judgment.
The Court may issue a Writ of Execution solely on the affidavit of the judgment creditor if sufficient evidence is present to show that the property in fact belongs to the judgment debtor.
The Court shall assign a minimum reasonable value to the property for the purposes of beginning bidding at a sale. If the property is not able to be sold for the minimum reasonable value assigned, the Court may re-evaluate the minimum reasonable value.
The Tribal Court may amend the Writ of Execution on the basis of the evidence presented at the hearing on the Writ. The new Writ shall be issued in accordance with the procedures for the issuance of the original Writ.
The Tribal Court may initiate proceedings for a Writ of Execution on its own motion, consistent with the provisions of this Chapter in order to ensure the enforcement of judgments entered by the court or the payment of any civil fines or penalties imposed by the Court.
Any party who fails to comply with a Writ of Execution issued pursuant to this Chapter, shall be subject to the civil contempt powers of the Tribal Court, following notice to show cause and a hearing before the Court.
(Res. 09-A-128, 12/8/2009)
The Writ of Execution shall:
(a) 
State the amount owing to the judgment creditor;
(b) 
Describe the property that is to be seized by the authorized enforcement officers;
(c) 
Direct the enforcement officers to sell as much of the seized property as is necessary to satisfy the judgment;
(d) 
State the date, time, and place of the sale and listing the items to be sold; and
(e) 
State that the judgment debtor has the right to pay the judgment and obtain the return of the property.
A copy of the Writ of Execution must be mailed to the judgment debtor at his or her last known address and posted at two public places within the Reservation for ten (10) days prior to the sale.
(Res. 09-A-128, 12/8/2009)
A judgment debtor who owns property that is not exempt from execution may substitute other property of equal or greater value that is exempt from execution. This substitution will allow execution against exempt property. The result is that the non-exempt property shall become exempt from execution and the previously exempt property shall be removed from exemption.
A judgment debtor may voluntarily surrender, by written consent, secured personal property to a judgment creditor.
The written consent of the judgment debtor must be obtained at the time of the surrender, must clearly state the agreed upon value of the surrendered property and must be signed by both the judgment debtor and the judgment creditor.
Contract provisions for the voluntary surrender of property, executed in advance of the judgment debtor’s voluntary surrender, are not valid or enforceable.
(Res. 09-A-128, 12/8/2009)
An Execution Sale shall be conducted by the enforcement officer who shall issue a bill of sale or invoice for the property to the highest bidder in return for a cash amount.
No item of property shall be sold for less than the minimum value assigned by the Court. If the minimum assigned value is not offered, the property shall be held and notice of another sale shall be given. The Court may re-evaluate the minimum reasonable value upon request or on its own motion.
Proceeds of the Execution Sale shall first go to satisfy the cost of the sale, second to any unpaid court costs, and third to pay any portion of the judgment still owing.
Any remaining funds shall be held for the benefit of the judgment debtor for a period of one (1) year from the date of the Execution Sale.
If no claim is made by the judgment debtor for recovery of the remaining funds during the one year period following the Execution Sale, the funds shall be deposited in the General Fund of the Tribe and shall become the property of the Tribe to be expended for the benefit of the Tribe.
(Res. 09-A-128, 12/8/2009)