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| Red Lake Band of Chippewa Indians Tribal Code |
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| Copyright © 2003-2005 Red Lake Net News All Rights Reserved. |
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| TITLE II CIVIL PROCEDURE |
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CHAPTER 201 JUDGMENTS 201.01 Definition; Requirements A judgment shall be entered in each civil case. The judgment shall be for money or other relief or for dismissal. A judgment is complete and is entered when it is signed by the judge and filed with the Clerk of Court. 201.02 Judgment by Default When a party against whom a judgment for relief is sought has failed to defend or otherwise answer the claim within the time allowed by this Code, and that fact is made to appear by an affidavit, judgment by default shall be entered by the presiding Judge against the non-answering party for the relief to which the party in whose favor the judgment is rendered, sought in his/her pleading. The judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. 201.03 Satisfaction of Judgment A judgment may be satisfied in whole or in part as to any or all of the judgment debtors by the owner of the judgment executing under oath and filing with the Clerk of Court an acknowledgment of satisfaction specifying the amount paid and whether it is full or partial satisfaction. 201.04 Judgment Constitutes a Lien A judgment shall constitute a lien on any non-exempt property owned by the judgment debtor. Notice of this lien may be placed by the judgment creditor in the public records of any county or state where the judgment debtor owns such property. 201.05 Life of Judgment No judgment of the Court for money shall be enforced after ten (10) years from the date of filing with the Clerk of Court, unless application to renew the judgment shall have been filed before the date of expiration pursuant to Section 201.06. 201.06 Renewal of Judgment Upon application of the judgment creditor prior to the expiration of ten years after the date of the filing of a judgment for the payment of money, the Clerk of Court shall renew the judgment and extend it for an additional ten (10) years. 201.07 Enforcement of Judgments If any final judgment for money rendered by the Court is not satisfied within thirty (30) days of its filing by the Clerk of Court, it may be enforced by any manner allowed by law; including, but not limited to execution against any non-exempt property of the judgment debtor. If the judgment requires the performance of any act, or the forbearance from acting, a certified copy of the judgment may be served upon the party to whom it is directed and if that party shall refuse to obey such judgment s/he may be punished by the Court as provided in contempt proceedings. 201.08 Stay of Judgment Except as provided in this section, no execution or enforcement of a judgment shall issue on any judgment in a civil case until the expiration of thirty (30) days after its filing. When an appeal has been taken from the judgment, the Court may stay the enforcement of its judgment or it may stay grant an injunction during the pendency of the appeal on such terms as it considers just for the security of the rights of the adverse party to the appeal. |