ORDINANCE
# 81. BLACKFEET COMMERCIAL CODE - REMEDIES
AND ENFORCEMENT OF JUDGMENTS
Chapter
5
FULL
FAITH AND CREDIT
Section 1. Full Faith and Credit
Full faith
and credit shall be given by the Blackfeet Tribal Court to the judgments
of every State and Tribal court in conformity with the provisions of
this Title. Notwithstanding any of the provisions in this Chapter, the
Blackfeet Tribal Court shall refuse to recognize the judgments of any
State or Tribal court which has refused or has clearly indicated it
will refuse to honor valid final judgments of the Blackfeet Tribal Court.
Section 2. Procedure for Enforcing State and Tribal Court
Judgments
Any person
in whose favor a judgment has been entered by a State or Tribal court
may seek enforcement of the judgment in accordance with the following
procedures:
- Written
Petition
The judgment creditor shall file a petition, accompanied by a verified
copy of the State or Tribal court judgment, and ask the Tribal Court
to grant full faith and credit to the judgment. The petition shall
contain: a concise statement of the nature of the claim and what action
the court took on it; a statement indicating the jurisdictional basis,
both personal and subject matter, of the judgment; and a statement
showing that the defendant received reasonable notice and had a fair
opportunity to be heard before entry of judgment., The Court may require
additional information, particularly where consumer transactions are
involved or where a default judgment was entered. The petition shall
be served in accordance with the Rules of Civil Procedure on the person
against whom the judgment was entered.
- Written
Response
Within twenty (20) days of receipt of the petition, the person against
whom the judgment was entered may file a response to the petition
containing: any correction of significant facts in the petition; an
admission or denial of the specific facts in the petition; an explanation
of the facts denied, any other matters which show why the judgment
should not be enforced.
- Hearing
on the Petition
After reasonable notice to the defendant, the Court shall hold a hearing
on the petition. The defendant shall have the burden of showing why
the judgment should not be enforced. The Court shall also inquire
into the following matters:
- whether
the State or Tribal court had proper subject matter jurisdiction
and personal jurisdiction to render the judgment;
- whether
the defendant had fair notice and an opportunity for a hearing;
and
- in
the case of consumer transactions, whether any unconscionable
acts or practices under Title 2, Chapter 2, were engaged in by
the creditor.
Section
3. Entry of Judgment
If the Tribal Court has satisfied itself that the State or Tribal court
judgment is entitled to full faith and credit, the Court shall enter
a judgment in favor of the petitioner. The judgment may then be enforced
through any of the methods allowed by this Code.
Back
to Top