4-13.01 Payment of Judgments from Individual Indian's Monies. Whenever the Spokane Tribal Court has
ordered payment of money damages to an injured party and payment is not made within the time specified
therein, and when the party against whom judgment is rendered has sufficient funds to his credit, in an
Individual Indian Money account with the BIA, to satisfy all or part of the judgment against him, the Clerk of
the Court shall certify a copy of the case record to the Superintendent of the Agency where the losing party
has such funds on deposit.
(a) 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.
(b) The Secretary of the Interior may direct the disbursing agent to pay over from the delinquent
party's account to the injured party the amount of judgment, or such amount as may be
specified by the Secretary of the Interior not to exceed the amount of judgment.
4-13.02 Where Applicable. Provisions for the payment of judgments from Individual Indian Monies shall not
be applicable in any case where the judgment creditor is neither the Tribe nor an Indian as defined in this
Code.
Section 4-14 Effect Upon Estate
14-4.01 Effect on Estate. A judgment by this Court shall be considered a lawful debt for purposes of probate
proceedings or other actions regarding decedent's estates.
Section 4-15 Judgment Lien
4-15.01 Judgment Lien. An unsatisfied judgment shall be a lien against funds owing the judgment debtor by
the Spokane Tribe upon the delivery of a copy of the judgment to the Chairman or Executive Secretary of
the Tribe.
(a) When such copy is received, the Chairman or Executive Secretary of the Tribe shall arrange for
the pay over of the amount specified in the judgment as the funds become available to the
credit of the judgment debtor.
(b) If such funds be wages, seventy-five percent of the disposable earnings of defendant shall be
exempt, such percentage to be computed for each interval said wages are to be paid defendant.
Section 4-16 Writ of Execution
4-16.01 Writ of Execution. The judgment creditor may seek a writ of execution upon specific personal
property of the judgment debtor to be sold in order to satisfy all or part of the judgment.
(a) The writ shall specify the property to be seized and the amount owing the judgment creditor.
(b) A notice must be posted at 2 public places within the Reservation for 7 days prior to the sale by
the Court.
(c) The sale will be conducted by the Court Clerk, the property being sold to the highest bidder, but
not for less than the appraised value of the property.
(d) The proceeds of the sale shall first go to satisfy the cost of the sale, second to any unpaid court
costs, next to satisfy any portion of the judgment still owing.
(e) Any amount remaining after the above has been paid shall be paid over to the defendant.
Section 4-17 Garnishment
4-17.01 Definitions.
(a) “Earnings" means compensation paid or payable to an individual for personal services, whether
called wages, salary, commission, bonus, or otherwise, and includes periodic payments from a
pension or retirement program.
(b) "Disposable earnings" means that part of earnings remaining after the deduction from those
earnings of any amounts required by law to be withheld.
4-17.02 Grounds for Issuance of Writ. The Clerk of Court may issue writs of garnishment returnable to the
Tribal Court for the benefit of a judgment creditor who has a Spokane Tribal Court judgment wholly or
partially unsatisfied.
(a) A pre-judgment writ of garnishment may be issued if the Court is satisfied:
33
Revised Spokane Law & Order Code, 5/14/2013