CHAPTER 205

FORCIBLE ENTRY AND UNLAWFUL DETAINER

205.01                         Forcible Entry and Unlawful Detainer

No person shall make entry onto land permits, dwellings, or rented tenements except in cases where his/her entry is allowed by law, and in such cases s/he shall not enter by force, but only in a peaceable manner.

(Section 205.01 amended to Tribal Code by Resolution No. 16-94 dated January 11, 1994)

205.02                         Unlawful detainer of Lands or Tenements

When any person has made unlawful or forcible entry into lands or tenements and detains the same, or, having peacefully entered, unlawfully detains the same, the person entitled to possession may recover possession thereof in the manner hereinafter provided.

205.03                         Recovery of Possession

When a person holds over land permits, dwellings, or rented tenements in violation of a mortgage foreclosure, judgment, lease agreement, or writ issued by the Tribal Court the person entitled to the land permit, dwelling, or rented tenement, may recover possession thereof in the manner herein provided.

(Section 205.03 amended to Tribal Code by Resolution No. 16-94, dated January 11, 1994)

205.04                         Complaint and Summons

The person complaining shall file a complaint with the Clerk of Court stating in the complaint the premises to which possession is claimed, the facts which authorize the recovery of the premises and demanding a return of the premises. The Clerk of Court shall issue a summons, commanding the person against whom the complaint is made to appear before the Court on the date and at the place stated in the summons. The appearance shall be not less than twenty (20) business days nor more than forty (40) business days from the date the summons is issued. A copy of the complaint shall be attached to the summons.

(Section 205.04 amended to Tribal Code by Resolution No. 16-94, dated January 11, 1994)

205.05                         Service of Summons

The summons shall be served at least fifteen (15) business days before the hearing date scheduled in the summons and it shall be served in the manner provided for service of summons in a civil action.

(Section 205.05 amended to Tribal Code by Resolution No. 16-94, dated January 11, 1994)

205.06                         Answer

At the time and place scheduled for the hearing, if the defendant appears, s/he may answer the complaint and allege all matters in excuse, justification or avoidance of the allegations in the complaint. Thereupon, the Court shall hear and determine the action, without a jury, or it may adjourn the trial as provided in Section 205.07. The proceedings in such action shall be the same as in other civil actions, except as this chapter provides.

205.07                         Adjournment

The Court, in its discretion, may adjourn the trial, but not beyond twenty-one (21) business days after the time scheduled in the summons as the hearing date.

(Section 205.07 amended to Tribal Code by Resolution No. 16-94, dated January 11, 1994)

205.08                         Judgment, Execution

If the Court finds for the plaintiff, it shall immediately enter judgment that the premises be returned to the plaintiff and it shall tax costs and disbursements for the plaintiff. The judgment shall contain a direction to the Red Lake Police Department requiring it to restore possession of the premises to the plaintiff. If the defendant shall show that an immediate restoration of the premises to the plaintiff would cause a substantial hardship to the defendant or his/her family, the Court, in its discretion, may stay the enforcement or the judgment for a reasonable period of time, but in no event shall the stay exceed thirty (30) business days from the date of judgment. If the Court finds for the defendant, the Court shall enter judgment for the defendant and tax costs and disbursements against the plaintiff.

(Section 205.08 amended to Tribal Code by Resolution No. 16-94, dated January 11, 1994)

205.09                         Effect of an Appeal

If the party against whom the judgment is rendered states to the Court that s/he intends to take an appeal, the enforcement of the judgment may be stayed pending the appeal upon the condition that such party shall post with the Clerk of Court sufficient security, as determined by the Court, to pay all costs and damages in the case on the appeal if the appealing party shall lose the appeal.

205.10                         Form of Judgment of Restitution

The form of the judgment rendered by the Court in favor of the plaintiff in an action under this chapter shall be substantially in the following terms:

            At the above named Court held at on the _____ day of ____________________, 19____, before , a judge in and for said Court in an action between , as plaintiff, and , as defendant, the Court finds that the facts alleged in the complaint are true and that the said plaintiff shall have restitution of the premises therein described without any further delay;

            NOW THEREFORE, the Red Lake Police Department, is directed as follows:

1.         You are commanded to cause the said to be immediately removed from the following premises: , and to turn over possession of said premises to ; and further,

2.         You are commanded to remove the personal property of said from said premises and to levy upon said personal property as well as any other personal property belonging to said the sum of $ , being the costs and disbursements taxed against the said , together with $15.00 for the execution of this judgement; and further,

3.         You are to make due return of this judgment to the Court within 30 days from the date hereof.

            Dated at _________________________________________, this _____ day of ______________________, 19____.

                                                                                                                                   Judge of Red Lake Court of Indian Offenses

If the Court shall find for the defendant, its judgment shall be sufficient if it finds that the facts alleged in the complaint are not true.

205.11                         Execution of the Judgment of Restitution

Subdivision 1. Removal of Defendant. The Red Lake Police Department shall execute the judgment of restitution by making a demand upon the defendant, or other person in charge thereof, for the possession of the premises described in the judgment of restitution and that the defendant remove himself/herself, his/her family and all of his/her personal property from the premises within seven (7) business days after such demand. If the defendant shall fail to comply with the demand, then the police officer shall take with him/her only which is required and as much assistance as may be required to assist the defendant to remove his/her family and their possession(s) from the premises and restore the complainant to possession of the dwelling.

Subdivision 2. Defendant Not Found. If the defendant cannot be found and there is no person in charge of the premises, then the police officer shall enter the premises, breaking in if necessary, and remove all property of the defendant and restore possession of the premises to the plaintiff.

Subdivision 3. Lien for Storage. If the Red Lake Police Department is required pursuant to Subdivision 1 and 2 hereof to remove the property of the defendant it shall cause the same to properly cared and stored. The police department shall have a lien upon all of said property except personal clothing and toiletries for the reasonable costs and expenses incurred in removing and transporting the property and for the proper caring and storing of the same. The police department shall forfeit their rights to cost and expenses if the property is damaged as a result of negligence by the police. If the police have exercised due care in transporting and removing such property and belongings of the defendant, then the police department shall have the right to enforce said lien by detaining the property unit the costs described herein are paid. In case of non-payments of reasonable costs and expenses incurred in removing and transporting the property and for proper caring and storing, within ninety (90) business days after the property has been removed to a storage place, the police department shall have a further right to enforce its lien by foreclosing of the same and public sale as provided in Section 204. 04 and 204.05.

(Sections 205.01, 205.03, 205.04, 205.05, 205.07, 205.08 and 205.11 amended by Resolution No. 16-94, dated January 11, 1994)