(1) That the pending lawsuit is based upon a debt owed.
(2) That 1 of the following is true:
(3) The defendant is present on the Reservation now, but is not a resident of the Reservation,
or if a resident of the Reservation is about to move off the Reservation.
(4) The defendant has concealed himself or herself so that the ordinary process of law cannot
be served upon him or her.
(5) The defendant has removed or is about to remove any of his or her property from the
Reservation with intent to delay or defraud creditors.
(b) The proceeds of any pre-judgment writ of garnishment shall be paid into the Court and held by
the Court pending a final determination of the lawsuit by the Court.
(1) If the Court finds for the defendant, the money shall be returned to the defendant.
(2) If the Court finds for the plaintiff, all or part of the monies or property shall be paid to the
plaintiff in accordance with the terms of the judgment.
4-17.03 Service of the Writ.
(a) The garnishee defendant shall be served with the writ pleadings by certified mail, in accordance
with Section 4-4.03, or by personal service, in accordance with Section 4-4.02.
(b) The defendant shall, at that time, be sent a copy of the garnishment pleadings by the creditor
through first class mail.
4-17.04 Form of Writ Pleadings. The Court shall make available for use by creditors the following
garnishment pleadings and forms that set forth in detail the duties and rights of the various parties.
(a) The Court Clerk shall assist all creditors in the preparation and use of the forms.
(b) The substantive provisions listed in the form set forth the law on the issue of garnishment and
shall have the force of law.
4-17.05 No Discharge of Employees. No employer shall discharge an employee for the reason that a creditor
has attempted a writ of garnishment on the employee.
4-17.06 Spokane Tribe of Indians Immune From Writs of Garnishment. The Spokane Tribe of Indians
possesses sovereign immunity from all writs of garnishment, except that it specifically allows writs of
garnishment of Tribal employees based upon delinquent child support as long as such are judgments entitled
to full faith and credit in conformity with this Chapter, or writs issued at the request of Spokane Tribal
Housing, Spokane Tribal Credit, or the Wellpinit Trading Post.
4-17.07 Failure to Answer Writ or Perform Under the Terms of the Writ. If a garnishee defendant fails to
answer the writ or otherwise perform under the terms of the writ, the creditor may seek payment of
judgment by the garnishee defendant, and may file suit accordingly.
4-17.08 Appeal by Defendant.
(a) Any defendant wishing to object to or contest a writ of garnishment shall file an objection in
writing with the Court.
(b) The Court shall send a copy of the objection to the creditor and set the time and place for a
hearing of the objection.
4-17.09 Order to Pay Into Court. At the completion of the writ period, and upon receipt of the second
answer by the garnishee defendant, the plaintiff shall seek an Order to Pay Into Court for the amount being
held by the garnishee defendant.
Section 4-18 Examination of Judgment Debtor
4-18.01 Order for Examination of Judgment Debtor.
(a) At anytime while a judgment is enforceable, a creditor may request the Court to order a
judgment debtor to appear at a special time and place to answer questions posed by the
creditor regarding the payment of the judgment, the assets or employment of the debtor, or any
other question relevant to the payment of the judgment.
(b) The debtor shall be personally served with a copy of the order in conformity with Section 4-4.02
of this Code.
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Revised Spokane Law & Order Code, 5/14/2013