Document Type

Article

Publication Date

10-30-1989

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court reversed a lower court judgement award less than an Actual federal Court Judgement. The Court reviewed whether or not the lower court applied the correct law.

  • The Court determined that the trial court erred in allowing interested parties to submit proposals for distribution of funds derived from marital property to satisfy a marital debt. The Court also held that while the Blackfeet Tribal Law and Order Code does not provide a procedure to sue on a foreign judgement, Blackfeet Law and Order Code ch. 2, Sec. 2, permits the Court to follow Montana procedures, when those procedures are not covered by traditional customs or Ordinances of the Tribal Court. In this case, Montana has a procedure in place that requires the registration of a Federal Court Judgement. Absent Tribal Code to the Contrary, the lower court should have recognized that federal judgement.

  • Also, in absence of a Tribal Code requiring registration of a Lien or Judgement, the lower court should have implemented State law. The Court held that the husband-petitioner should have followed that procedure and registered his lien with the State to claim exclusive and first standing to satisfy his marital debt. Judgement debtors have the same responsibility regardless of Indian status.

  • The Court rejected husband-petitioner's argument to reduce a third-party debt, for failure to file that lien. The Original FDIC debt was recognized as a valid debt by that third party and his counsel. The Assignment goes to the right to collect the debt in the original amount absent and agreed reduction by the parties to the original debt.

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