A judgment creditor may petition the Tribal Court for a Writ of Garnishment upon any specific wages owed by another to the judgment debtor or personal property that is in the possession of a third party and is found within the jurisdiction of the Court.
The petition shall state the following facts:
(a) 
That the judgment creditor has a tribal court judgment that is wholly or partially unpaid;
(b) 
The amount alleged to be due under that judgment;
(c) 
That the judgment creditor has reason to believe and does believe that the garnishee, stating the garnishee’s name and residence or place of business, is indebted to the judgment debtor in an amount exceeding those exempted under this Chapter, or that garnishee has possession or control of personal property or effects belonging to the judgment debtor which are not exempted from garnishment under Section 3.09.16 of this Chapter; and
(d) 
Whether the garnishee is the employer of the judgment debtor.
(Res. 09-A-128, 12/8/2009)
When a Petition for a Writ of Garnishment is made by a judgment creditor and the notice requirements of Section 3.02.04 or 3.02.05 of this Title have been complied with, the Tribal Court Clerk shall docket the case in the names of the judgment creditor as plaintiff, the judgment debtor as defendant, and the garnishee as garnishee defendant, and shall immediately issue and deliver a writ of garnishment to the judgment creditor, directed to the garnishee, commanding the garnishee to answer said writ within twenty (20) days after the service of the Writ of Garnishment on the garnishee.
(Res. 09-A-128, 12/8/2009)
(1) 
The Writ of Garnishment shall:
(a) 
Specify the amount owed to the judgment creditor;
(b) 
Specify the name and address of the garnishee in possession of the wages or personal property;
(c) 
Order the garnishee not to pay or deliver to the debtor any non-exempt wages or Property owing to the debtor;
(d) 
Order the garnishee to pay or deliver any non-exempt wages or property owing to the judgment debtor over to the judgment creditor until otherwise ordered by the Court or until the amount owed the creditor has been satisfied, whichever is sooner;
(e) 
Require the garnishee to file a return with the Court containing the amount and a description of the wages or property of the judgment debtor which is in the garnishee's possession and such return shall be filed with the Court within twenty (20) days from the date the garnishee was served with notice of the garnishment; and
(f) 
Notify the garnishee that, if the garnishee relinquishes non-exempt wages or personal property to the judgment debtor after receipt of the notice, the garnishee may be found liable to the judgment creditor for the amount of the wages or the value of the property or wrongfully released to the judgment debtor.
(2) 
The Writ of Garnishment shall state the garnishee’s processing fee as follows:
(a) 
The garnishee of a Writ of Garnishment for a continuing lien on wages may deduct a processing fee from the remainder of the judgment debtor’s wages after withholding the required amount under the writ. The processing fee may not exceed twenty dollars ($20.00) for the first answer and ten dollars ($10.00) at the time the garnishee submits a subsequent answer.
(b) 
For all other Writs of Garnishment, the garnishee is entitled to a check or money order payable to the garnishee in the amount of twenty dollars ($20.00) a the time the Writ of Garnishment is served on the garnishee pursuant to Section 3.09.31.
(Res. 09-A-128, 12/8/2009)
When a Writ of Garnishment is issued as provided in Section 3.09.31, the court clerk shall at the same time issue and deliver to the judgment debtor a Notice of Garnishment. . The notice shall inform the judgment debtor that a Writ of Garnishment has been issued. It shall also inform the judgment debtor that a hearing may be requested if the judgment debtor believes he or she is entitled to exemptions from garnishment other than those specified in the Writ.
(Res. 09-A-128, 12/8/2009)
The Writ of Garnishment shall be served on the garnishee and the Notice of Garnishment shall be served on the judgment debtor as specified in Section 3.02.04 of this Title. A copy of the Writ of Garnishment shall be attached to the Notice of Garnishment served on the judgment debtor.
(Res. 09-A-128, 12/8/2009)
Upon proper request by the judgment debtor, judgment creditor, or garnishee and after the time for filing of the answer by the garnishee defendant has passed, the Court shall schedule a hearing on the matter.
The request for hearing must specify the reason the party is requesting the hearing.
If the judgment debtor is requesting the hearing he or she must specify any exemptions he or she is claiming and specify any payments made on the judgment.
The court clerk shall issue a Notice of Hearing, a copy of which shall be served, along with a copy of the request for hearing, on all parties no later than seven (7) days prior to the date of the hearing.
(Res. 09-A-128, 12/8/2009)
The Notice of Hearing on the Writ of Garnishment shall inform the parties:
(a) 
The matters set for hearing as specified in the Request for Hearing;
(b) 
The date, time, and place of the hearing; and
(c) 
That the parties shall have an opportunity to contest the claims made by the party requesting the hearing.
If more than one party requests a hearing, the hearings shall be consolidated.
(Res. 09-A-128, 12/8/2009)
Any party may file with the clerk a written answer or response to a Request for Hearing.
This answer is due at least two (2) days before the scheduled hearing. A copy of the answer or response must also be delivered to the other parties in the manner provided in Section 3.02.04 of this Title at least two (2) days before the scheduled hearing.
(Res. 09-A-128, 12/8/2009)
The Tribal Court may amend the Writ of Garnishment 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 garnishment proceedings 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 Garnishment 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)
It shall be proper for the Tribal Court to issue a Writ of Garnishment against the Tribe upon a Tribal Court judgment when it is determined that the Tribe qualifies as a garnishee, and for this limited purpose the Tribe shall not assert its immunity from suit.
(Res. 09-A-128, 12/8/2009)
In cases where the judgment creditor is either the Tribe or a member of a federally recognized Indian tribe, the Tribal Court may order payment of a judgment debt from an Individual Indian Money Account under the provisions stated in this Section.
Whenever the Tribal Court has ordered payment of money damages to a judgment creditor and payment is not made within the time specified therein and when the judgment debtor has sufficient funds to his or her credit in an Individual Indian Money account with the Bureau of Indian Affairs to satisfy all or part of the judgment, the Clerk of the Court shall certify a copy of the case record to the Superintendent of the agency where such funds are on deposit. The Superintendent shall send this record and a statement as to the amount of funds available in the individual’s account to the Secretary of the Interior. The Secretary of the Interior, or his or her designee, may direct the disbursing agent to pay over from the judgment debtor’s account to the judgment creditor the amount of the judgment, or such amount as may be specified by the Secretary of the Interior not to exceed the amount of the judgment.
(Res. 09-A-128, 12/8/2009)