The Tribe possesses exclusive jurisdiction over the repossession of any personal property held by or belonging to a tribal member, and located within the exterior boundaries of the Reservation or upon tribal or allotted Indian lands outside the exterior boundaries of the reservation. Such personal property shall not be taken to satisfy a judgment except pursuant to this Chapter.
(Res. 09-A-128, 12/8/2009)
A creditor may contact a debtor orally or in writing concerning a dispute with such debtor that may lead to repossession of personal property located within the jurisdiction of the Tribe, unless the debtor has notified the creditor in writing to cease such contact.
A debtor may give written consent to the creditor permitting a repossession of personal property without formal court proceedings. The written consent of the debtor must be obtained at the time of the repossession of the property. Contract provisions for the voluntary surrender of personal property that are executed in advance of the repossession are not valid or enforceable.
A creditor may enter on to the Reservation for the purpose of repossessing personal property pursuant to the debtor’s written consent. The creditor must abide by any restrictions concerning time or manner of repossession stated in the written consent.
(Res. 09-A-128, 12/8/2009)
If a debtor does not sign a written consent allowing repossession, the property may be removed from the Reservation by the creditor only pursuant to a Writ of Repossession issued by the Tribal Court.
(Res. 09-A-128, 12/8/2009)
A creditor may petition the Tribal Court for a Writ of Repossession when the creditor desires to repossess the personal property of a debtor and such property is located within the jurisdiction of the Court.
The petition shall be accompanied by a verified copy of the contract or other document entitling the creditor to repossess the personal property of the debtor.
The petition shall be served in the manner provided for in Section 3.02.04 or 3.02.05 of this Title.
(Res. 09-A-128, 12/8/2009)
Upon receipt of a petition for a Writ or Repossession, the Court shall schedule a hearing date within twenty (20) days.
The timing of the hearing may be accelerated by the Court if:
(a) 
The petition contains verified, specific facts showing reasonable cause to believe that the personal property involved may be lost, damaged or removed from the Reservation prior to a regularly scheduled hearing; and
(b) 
An accelerated hearing can be held without substantially prejudicing the ability of the debtor to present any good faith defenses to the petition for the Writ of Repossession.
(Res. 09-A-128, 12/8/2009)
The debtor shall be provided with a notice of the hearing and a copy of the petition no later than ten (10) days prior to the date of the hearing.
The notice shall inform the debtor that the hearing is the debtor’s opportunity to contest the creditor’s claim to a right of repossession.
The notice shall also inform the debtor that if he or she fails to appear, a Writ of Repossession may be issued and he or she will have lost his or her opportunity to contest the repossession of the property mentioned in the petition.
(Res. 09-A-128, 12/8/2009)
The debtor may file with the Clerk a written answer or response to the creditor’s petition.
The answer must be filed at least two (2) days before the hearing on the petition.
A copy of the answer or response must be delivered to the creditor at least two (2) days before the hearing on the petition in the manner provided in Section 3.02.04 of this Title.
(Res. 09-A-128, 12/8/2009)
If after a hearing, the Court determines that repossession is justified, the Court shall issue a Writ of Repossession authorizing the creditor to repossess the personal property involved in the proceeding.
If it appears to the Court that the return of the property to the creditor would be unjust because of the amount of equity the debtor has in the property, the Court may award money damages to the creditor in the amount owed by the debtor on the property.
The Court may enter a Writ of Repossession in the absence of the debtor if the debtor fails to appear at the hearing despite proper notice.
(Res. 09-A-128, 12/8/2009)
The Writ of Repossession shall provide that:
(a) 
The property which has been specified is to be seized by the authorized enforcement officers and turned over to the judgment creditor; and
(b) 
The enforcement officers are authorized to use reasonable force to enforce the Writ of Repossession.
(Res. 09-A-128, 12/8/2009)
Any non-member of the Tribe, except persons authorized by federal law to be present on the Reservation, may be excluded from the Reservation in accordance with the laws of the Tribe, if such non-member is found by the Tribal Court to be in deliberate or willful violation of the provisions of this Chapter governing repossession.
Any creditor and any agents or employees of any creditor who are found by the Tribal Court to be in deliberate or willful violation of the provisions of this Chapter governing repossession may be denied the privilege of doing business within the Reservation. The Court shall afford any creditor fair notice and an opportunity for hearing prior to the denial of any business privilege on the Reservation.
Any person who violates this Chapter and any creditor whose agents or employees violate this Chapter shall be deemed to have breached the peace of the Reservation and they shall be liable to any debtor for any actual damages caused by the deliberate or negligent failure to comply with the provisions of this Chapter.
(Res. 09-A-128, 12/8/2009)