Document Type

Article

Publication Date

11-13-2002

Abstract

In this case, a vehicle driven by the daughter of Defendant, crashed into a building owned by the Plaintiff. Damages were sought in the amount of $10,000 through a civil complaint. Upon filing, the tribal court clerk informed the Plaintiff that he would have to personally serve the Defendant with the complaint, to which Plaintiff did.  Defendant did not answer the complaint within the required 20 days. Plaintiff then filed a petition in the court requesting default judgment to which Defendant also failed to respond to. Plaintiff was then granted a default judgment in the amount of $8,800. Plaintiff moved to the Court for an order to garnish Defendant’s wages, to which the Court directed petitioner to serve a copy on the Defendant. Plaintiff did so, and four months after the judgment had been entered, the Defendant, pro se, filed an answer to the complaint from Plaintiff.  A Tribal judge ordered a stay on Plaintiff’s petition for garnishment, issued mediation between parties, an agreement was reached for Defendant to pay back to Plaintiff. But, Defendant filed for relief from the judgment claiming it was void by reason of defective services. Tribal Court vacated the default judgment and held that Defendants answer sufficiently raised the issue of service to Blackfeet Rules of Civil Procedure. This appeal followed.  The issue here was whether the service of process procedure used in this case was defective service.  The Court of Appeals in this case held that the service of process was correct and Defendant made a general appearance which waived any claimed defect as to service based on Rule 12(h)(1)(B) of the Federal Rules of Civil Procedure. The case is reversed and remanded back to Tribal Court.

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