7.1.3.050 Enforcement of judgment

(a) The Court may enforce judgments in civil proceedings by issuing a writ of execution against any eligible personal property of the party against whom judgment is rendered which is located or found within the jurisdiction of the Pueblo returnable not less than ten (1) days after the day of issuance. The writ of execution will be served by a Law Enforcement Officer.

(1) Whenever a judgment orders the payment of damages and costs and payment is not made within the time specified therein and when the party against whom judgment is rendered has sufficient funds to his credit at the Northern Pueblo Agency to pay all or part of the judgment, the Clerk shall require the party to sign Form 5-139 and deliver the signed forma and a copy of the judgment to the Superintendent who shall pay over to the Cout the amount specified in the judgment or such lesser amount as may be held to the credit of such party for payment to party entitled to the judgment.

(2) A judgment shall be considered a lawful debt in all procedures to distribute a defendant's estate.

(3) No judgment of the Court for money shall be enforceable after five (5) years from the date of entry, unless the judgment shall have been renewed once before the date of expiration by institution of appropriate proceedings in the Court by the judgment creditor filing an application for renewal and the court thereupon shall order the judgment renewed and extended for an additional year.

(4) An unsatisfied judgment may be filed as a lien against funds owing the defendant by the pueblo of San Ildefonso by having the Clerk deliver a copy of the judgment to the Governor or the Treasurer of the Tribe and they shall pay over to the Court the amount specified in the judgment as funds become available to the credit of such party.

(5) Satisfaction of a judgment is not a burden of the Court or its Clerk and the judgment creditor must notify the Court in writing of full or partial satisfaction.

(6) The writ of execution may specify personal property to be seized in satisfaction of any judgment and any property seized may be subject to sale by the Court to satisfy the judgment after ten (10) days notice by posting public notice of such sale. The sale will be conducted by the Clerk and sale will be to the highest bidder for cash, but not less than the appraised value of the property. The proceeds of such sale will be paid by the Clerk as follows:

(A) All costs of the sale;

(B) All unpaid Court costs;

(D) Any balance will be paid to the defendant; and

(E) Any unpaid amount of the judgment shall remain unsatisfied.

(7) A judgment shall be satisfied when there is filed with the Clerk of the Court:

(A) An officer's or Court Clerk's return on an execution showing the amount of the judgment an all costs have been paid in full.

(B) Statement signed and acknowledged by the judgment creditor that the judgment has been paid in full filed with the Court; and

(C) By order of the Court, made on a motion by the judgment debtor, the agent or heirs after a hearing in which all interested parties were given an opportunity to be heard.