(a) Written Petition by Judgment Creditor. The judgment creditor shall file a written petition with
the Clerk of the Spokane Tribal Court, accompanied by a verified copy of the State or foreign
Tribal Court judgment sought to be enforced. The petition shall set forth the facts relevant,
sufficient to fully advise the Court of the parties and nature of the underlying cause of action.
The petition shall be served upon the judgment debtor in the same manner as authorized by the
Law and Order Code of the Spokane Tribe for service of civil process.
(b) Written Answer by Judgment Debtor. The judgment debtor may file with the Clerk a written
answer or response to the petition at any time prior to the hearing on the petition.
(c) Hearing on Petition. After reasonable notice to the judgment debtor, the petition seeking full
faith and credit shall be heard. The debtor shall be required at the hearing to show cause why
the State or Tribal Court judgment should not be enforced. However, in accordance with the
provisions of Sections 4.22.03 and .04 of this Title, the Spokane Tribal Court shall inquire into
the underlying facts and circumstances of the incident which formed the basis for such
proceeding.
4-22.04 Review of Jurisdictional Basis for State or Tribal Judgment. At the hearing upon the petition, the
Tribal Court shall examine the underlying facts of the State or Tribal judicial order sought to be enforced in
order to determine:
(a) that the State or Tribal Court had proper subject matter jurisdiction over the dispute to enable it
to render a valid judgment;
(b) that the State or Tribal Court had proper personal jurisdiction over the judgment debtor to
enable it to render a valid judgment; and
(c) that the judgment debtor received fair notice and opportunity to be heard prior to entry of the
State or Tribal judgment.
(d) Full faith and credit shall be given to a State or foreign Tribal Court judgment only if the
Spokane Tribal Court determines that all the requirements of sub-sections (a), (b) and (c) were
met.
4-22.05 Review of Consumer Transactions. In considering a petition for full faith and credit from a judgment
creditor in connection with a consumer transaction, the Tribal Court shall review the underlying facts and
circumstances of the consumer transaction in order to determine the existence of any unconscionable act or
practice by the supplier.
(a) In determining whether an act or practice by the supplier is unconscionable, the Tribal Court
shall consider the following circumstances which the supplier knew or had reason to know:
(1) That the supplier took advantage of the inability of the consumer reasonably to protect his
or her interests because of physical infirmity, ignorance, illiteracy, inability to understand the
language of an agreement, or similar factors.
(2) That when the consumer transaction was entered into, the price grossly exceeded the price
at which similar property or services were readily obtainable in similar transactions by like
consumers.
(3) That when the consumer transaction was entered into there was no reasonable probability
of payment of the obligation in full by the consumer.
(4) That the supplier made a misleading statement of opinion on which the consumer was likely
to rely to his detriment.
(b) If the Tribal Court determines that an act or practice in a consumer transaction was
unconscionable, the Court may refuse to enforce the State or other Tribal Court judgment or
may enforce only such part of the judgment that was not affected by the unconscionable act or
practice.
4-22.06 Entry of Judgment.
(a) Once the Spokane Tribal Court has satisfied itself that the State or Tribal judicial proceedings are
entitled to full faith and credit, the Court shall enter a judgment in favor of the judgment
creditor.
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Revised Spokane Law & Order Code, 5/14/2013