|
I filed a small claims suit in Arizona for breach of contract against
someone who is an employee of a casino on an Indian reservation,
however he is a non-Indian. He didn't bother to defend, and I
obtained a default judgement.
If I obtain a order for wage garnishment in state (small claims)
court, will it be enforceable to collect from the debtor's paycheck
from the Indian casino?
|
| |
| |
If I obtain a order for wage garnishment in state (small claims)
court, will it be enforceable to collect from the debtor's paycheck
from the Indian casino?
If the casino refuses to garnishee the defendant's paycheck, you may have to
deal with the tribal court system--- but it is quite possible that the casino
will simply go along with the state court's order. Especially since neither
you nor your adversary are tribe members....
Indian casinos tend to be labor-intensive operations with many hundreds of
employees, so the defendant in your case is probably not the first non-tribal
Indian casino employee to have a civil judgement made against him :-)
*****
Tim Horrigan <horrigan@aol.com>
*****
|
| |
| |
"Jay McDaniels" <skid@yahoo.com> wrote in message
I filed a small claims suit in Arizona for breach of contract against
someone who is an employee of a casino on an Indian reservation,
however he is a non-Indian. .. I obtained a default judgement.
If I obtain a order for wage garnishment in state (small claims)
court, will it be enforceable to collect from the debtor's paycheck
from the Indian casino?
I understand Matthew's point (consult a lawyer), but think
this was / is a valid question. Free answers and advice may
be helpful, or not.
Small claims = so it is relatively small, and so far you
have shown you have knowledge and ability to use it in
a valid system. A lawyer's advise may be good, but may
also cost more than it is worth in this case.
To be clear, I am not a lawyer, but I have had a
fair amount of experience in the legal system, and
in small claims court.
The court should have a handout on how to proceed,
or an employee, when properly asked might give
helpful information.
Court employees can be quite helpful (or not)
but should be careful to avoid saying anything
that sounds like legal advise.
A helpful question may be something like,
"have you heard of anyone in the last two years
having success with garnishment orders at xyz casino?"
I have been very lucky in life by being open and
honest, trying to help others, and hoping others will
be also. So I have often asked questions and
hoped for helpfulness.
Too often I have seen others turn pessimistic,
expect obstructions, and then get less than an
ideal and helpful response.
In other words, Before long I would take that
order to the casino manager or payroll manager
asking if they can help you get paid.
Do not appear angry at them or defensive
(or offensive!)
Good Luck
|
| |
| |
Jay McDaniels <skid@yahoo.com> wrote in message news:<c1p3vn$va3$0@216.39.182.47>...
I filed a small claims suit in Arizona for breach of contract against
someone who is an employee of a casino on an Indian reservation,
however he is a non-Indian. He didn't bother to defend, and I
obtained a default judgement.
If I obtain a order for wage garnishment in state (small claims)
court, will it be enforceable to collect from the debtor's paycheck
from the Indian casino?
You might have to domesticate the judgment in the tribe's court.
Well-organized tribes (the Eastern Cherokee, for example: Cherokee
Code 25-5) have "full faith and credit" clauses supporting this.
Then again, you might not: FDCPA deems Indian tribes to have waived
sovereign immunity with respect to garnishment orders; see Yankton
Sioux Tribe v. United States, Docket No. 99-34, cert. denied.
--
Not a lawyer,
Chris Green
|
| |
| |
|
