RULE 64. EXECUTION OF JUDGMENTS.

1. At any time thirty (30) days after entry of judgment awarding money or costs against a party, it is made to appear to the Court that the judgment debtor has been served notice of entry of judgment and has not paid the judgment in full or is not current in making installment payments in a manner agreed to by the parties in writing and filed with the Court, the Court shall, upon motion of the judgment creditor heard ex parte, order the Tribal Police to levy and execute upon the personal property of the judgment debtor as provided herein.
2. The Tribal Police shall forthwith attempt to locate all personal property of the judgment debtor within the jurisdiction of the Court and seize the same and transport it to a safe, convenient place.  The Tribal Police shall then, as soon as reasonably be done, make arrangements to sell the same at public auction.  Sale of the seized property shall be at a public auction conducted by the Tribal Police after having given at least ten (10) days public notice posted in three (3) conspicuous public places on the reservation together with a notice of sale published in a local newspaper of general circulation at least seven (7) days prior to the date fixed for the sale.  The property shall be sold to the highest bidder for cash at the time of the sale.  The person conducting the auction may postpone such in his discretion if there is an inadequate response to the auction or the biddings and may reschedule such upon giving the required notice. The person conducting the sale shall make a return of sale to the Court including an inventory of the items taken into his possession, the amount received therefore, the person who brought the same, and deposit in the proceeds thereof with the Court for distribution to the judgment creditor and to be credited against the judgment.  The Tribal Police may also levy and execute upon items of personal property which cannot be conveniently moved such as bank accounts, accounts receivable, and other such items.  The levy and execution shall be made by serving upon the holder of such item of personal property a copy of the Order of the Court.  Upon receipt of such Order of the Court, the person in whose possession the property to the Tribal Police for either public auction sale or crediting on the judgment creditor, the Court shall order the judgment debtor to appear in Court and answer questions under oath regarding all of his personal property.  The Court shall then determine what property of the judgment debtor is available for execution and order the Tribal Police to take appropriate measures to convert the property to cash and apply the same to the judgment.  Failure of the judgment debtor to appear or fully answer questions shall be deemed a contempt of Court.
3. The judgment debtor may claim as exempt from levy and execution the sum of $1500 worth of property selected from all property of the judgment debtor in the sole discretion of the judgment debtor.  The judgment debtor may only claim the exemptions by filing with the Court an affidavit and inventory listing all the judgment debtor’s property wheresoever and howsoever situated and a reasonable estimate of the value of such property and identifying in said affidavit the specific items of property claimed as exempt and the values of said property.  Such affidavit and inventory shall be filed at least five (5) days prior to the date fixed for levy execution sale and shall be deemed waived if the same is not filed on time.  The property claimed as exempt shall be offered at public auction at the time and place previously fixed.  If the property claimed as exempt does not bring at public auction the amount of value as estimated by the judgment debtor, the same shall be no saled and returned to the judgment debtor.  If the property claimed as exempt brings a higher bid than the value stated by the judgment debtor, then the same shall be sold and the value established by the judgment debtor in his affidavit shall be withheld from the proceeds of the sale and paid to the judgment debtor.  Any such sums paid to the judgment debtor shall be exempt from levy and execution for a period of ninety (90) days following such payments.  All sales shall be subject to prior valid liens of records.
4. A judgment may be satisfied in whole or in part by the owner thereof or his attorney executing under oath and filing an acknowledgment of satisfaction specifying the amounts paid and whether such is in full or partial satisfaction.  A Judge may order the entry of satisfaction upon proof of payment and failure of the judgment creditor to file a satisfaction.  A judgment satisfied in whole with such fact entered in the judgment record shall cease to operate as a lien on the judgment debtor’s property.  A partially-satisfied judgment or an unsatisfied judgment shall continue in effect and become and remain a lien upon the judgment debtor’s property for a period of ten (10) years or until satisfied, whichever comes first.  An action to renew a judgment may be maintained anytime prior to the expiration of ten (10) years and will extend the period of limitations an additional ten (10) years and may be thereafter extended once more by the same procedure.
5. Notwithstanding the availability of tribally-commissioned police to exercise the powers of levy and execution described in this Rule, the Tribal Court may appoint suitable tribal members as Judgment Enforcement Commissioners having all the powers to levy and execute upon the property of the judgment debtor described in subsections (a) through (d) of this Rule.