(b) The entry of said judgment shall entitle the judgment creditor to enforce its judgment against
the judgment debtor.
4-22.07 Remedies Available to Judgment Creditor. After judgment is entered in the Spokane Tribal Court,
the judgment creditor may enforce its judgment in any manner currently available for judgment creditors in
this Code.
Section 4-23 Procedure for Repossession of Property
4-23.01 Personal Property of Indians.
(a) The Spokane Tribe of Indians possesses exclusive jurisdiction over the repossession of any
personal property located within the exterior boundaries of the Spokane Indian Reservation or
upon Spokane Tribal and allotted Indian lands outside the exterior boundaries of the Reservation
and is held by or belongs to an Indian.
(b) Such Indian personal property shall not be taken from such lands except in strict compliance
with the procedures set forth in this Section.
4-23.02 Repossession of Indian Personal Property. On-Reservation creditors may use the procedures
outlined in this section or the procedures of Article 9-503 of the Uniform Commercial Code referred to as
"self-help repossession."
(a) Because on-Reservation creditors using self-held repossession will be within the continuing
jurisdiction of the Court, and because the property will be remaining on the Reservation, all
disputes regarding the property and method of repossession can be resolved properly in the
Tribal Court for the Spokane Tribe of Indians.
(b) Off-Reservation creditors shall not use "self-help repossession" but must repossess property only
in conformity with this section as set forth below.
(c) 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 exterior boundaries of the
Spokane Indian Reservation.
(d) Such Indian debtor may give written consent to the creditor permitting a repossession of the
personal property without formal court proceedings.
(e) A creditor may enter the Reservation for the purpose of repossessing personal property pursuant
to the debtor's written consent only when accompanied by a Tribal Police Officer.
4-23.03 Court Order and Absence of Written Consent by Indian Debtor. If an Indian debtor refuses to sign a
written consent allowing repossession, the property may be removed by the creditor from the Reservation
only by order of a judge of the Spokane Tribal Court, entered in accordance with the procedures set forth in
Section 4-23.04.
4-23.04 Procedure to Obtain Court Order for Repossession. A creditor may seek an order of repossession
against an Indian debtor in accordance with the following procedures:
(a) Petition by Creditor. The creditor shall file a written petition with the Clerk of the Spokane Tribal
Court, accompanied by a verified copy of the contract or other document entitling the creditor to
repossess the personal property of the Indian debtor.
(1) The petition shall contain a concise statement of the creditor's claim against the Indian
debtor.
(2) The petition shall be served upon the Indian debtor in the same manner as authorized by
the Law and Order Code for service of other civil process.
(b) Answer by Debtor. The Indian debtor may file with the Clerk a written answer or response to
the creditor's petition at any time prior to the hearing on the petition.
(c) Hearing on Petition. After reasonable notice to the Indian debtor, hearing shall be held on the
petition for repossession.
(d) Both the creditor and debtor may present evidence and witnesses relevant to the contract or
debt dispute which forms a basis for the repossession request. The timing of the hearing on the
petition for repossession may be accelerated by the Court if:
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Revised Spokane Law & Order Code, 5/14/2013