Motion to file for Garnishment with Pokagon Band of Potawatomi Indians

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Michigan/ Tribal Court of Pokagon Band of Potawatomi Indians

My googling has failed me here. I have a testy clerk who isn't giving me the answer of 4 copies of exactly what I need to file for garnishment. I'm assuming the 4 are: copy returned to me, one for the court, one for the person who owes me money and the employer who will do the garnishing.

To date, I already have the "Order Granting Recognition of Foreign Judgment."

In order to get that, I had to get a certified copy of the court order from the Michigan court and get it mailed to the courts along with $$ and my motion. It tells me at:
WHEREFORE, IT IS ORDERED THAT:
1. Recognition is granted to the foreign judgment;
2. This recognition case file is closed because no further action by this court in regard to recognition of the underlying foreign judgment is necessary; and
3. This matter is now ripe for collection enforcement.

What she did tell me is that I need 4 copies of my pleading. What I found in the Schedule of Court Fees:
Note: You must file the original pleadings for the Court file plus one copy for each named party (including a "true copy" to be returned to you.")


http://www.pokagonband-nsn.gov/sites/default/files/assets/group/tribal-court/form/2013/gar-com-pet-1317-1112.pdf
http://www.pokagonband-nsn.gov/sites/default/files/PBTC-FEES_0.pdf

In that "Order Granting Recognition of Foreign Judgment", it includes the order, a copy of the Certification of Records of the Michigan Court stamped True Copy and date, and a copy of the original order from the Michigan court stamped True Copy.

My guess is that I need:
4 copies of the motion to garnish and 4 copies of this paperwork.

Can anyone find me any instructions? I'm feeling confused here with Tribal Court.

 

[Dave1952]

What is confusing you? Do you not understand what an "original pleading" is? The clerk has advised you to bring 4 copies. when you file.

 

[TinkerBelleLuvr]

I'm probably over analyzing this.

I had to get certified copies from my courthouse in Michigan to file to get a foreign judgment recognized by the tribe. I sent that, along with my motion to the tribe to have it recognized. They sent me back the Order Granting the Recognition along with a "true copy" of the original order from Michigan.

With that said, what I have figured out I think, is that I have to have 4 copies of my Motion for Garnishment AND 4 copies of the paperwork they just sent me back. Seems stupid to me, but I believe that is correct. I'm just wanting to make sure that I haven't missed the boat here.

I've processed the garnishment against the bank account - done. It's the tribal stuff that is baffling me.

I have to make sure I do it right since I have to mail everything.

 

[LdiJ]

I'm probably over analyzing this.

I had to get certified copies from my courthouse in Michigan to file to get a foreign judgment recognized by the tribe. I sent that, along with my motion to the tribe to have it recognized. They sent me back the Order Granting the Recognition along with a "true copy" of the original order from Michigan.

With that said, what I have figured out I think, is that I have to have 4 copies of my Motion for Garnishment AND 4 copies of the paperwork they just sent me back. Seems stupid to me, but I believe that is correct. I'm just wanting to make sure that I haven't missed the boat here.

I've processed the garnishment against the bank account - done. It's the tribal stuff that is baffling me.

I have to make sure I do it right since I have to mail everything.

Tink...just an FYI...I have been told by multiple sources that its difficult as heck to get wages garnished if someone's employer is a tribe. The fact that you have received an order granting recognition is a major hurdle overcome, but don't be surprised if you have to jump through some more hoops.

 

[justalayman]

What are you trying to accomplish? It appears you have domesticated you Michigan court judgment in the foreign territory. Are you trying to garnish the wages of an employee of the tribe working on tribal lands, like maybe the casino?

If so, does the tribe even allow garnishment of wages?

Just an off topic question: I thought you were either in the Detroit area or Florida. What are you doing on the west side of the state?

 

[TinkerBelleLuvr]

What are you trying to accomplish? It appears you have domesticated you Michigan court judgment in the foreign territory. Are you trying to garnish the wages of an employee of the tribe working on tribal lands, like maybe the casino?

If so, does the tribe even allow garnishment of wages?

Just an off topic question: I thought you were either in the Detroit area or Florida. What are you doing on the west side of the state?

I'm originally from the west side of the state. And yes, that casino not far from you is the employer of (you fill in the blanks on improper words to use.)

They allow for garnishments set at the rate of what the Federal government allows. It's just be a huge pain to get done. It's their form that I'm using. I just over "thinked" it. It's pretty much the same process now as what I did for the regular garnishment. The positive side is that once it's in place, it continues until it paid or they no longer work for the tribe. For Michigan, a judgment is only good for 90 days on a garnishment. Once it's done, you have to redo it. Wash and rinse and repeat.

 

[justalayman]

Since you had the judgment domesticated into the tribal system, all that should be necessary is an doing whatever it takes to get the tribe to garnish the wages. The Michigan laws are irrelevant unless the tribe complies with the Michigan laws by choice

 

[TinkerBelleLuvr]

Since you had the judgment domesticated into the tribal system, all that should be necessary is an doing whatever it takes to get the tribe to garnish the wages. The Michigan laws are irrelevant unless the tribe complies with the Michigan laws by choice

I'm realizing that I have to make 4 copies of the Petition for Order of Garnishment. It's no different than me doing a motion in the Michigan courts.

The process is really the same but it's with the tribe. For the Garnishments in Michigan, I had to send in $$ and 4 copies of the Michigan form. They would sign off on it, keep a copy for the courts and then I was responsible for getting them mailed to the party doing the garnishing. They take care of that part for me and then mail back the "true copy" to me.

I don't have to send four copies of what they sent me because the courts already have it and they are trusting my numbers. The person getting money taken from the paycheck can argue if they feel the amounts are wrong but they have to back it up.

Once I thought it through, it made sense. I was hoping for it to have been spelled out a bit more. I found examples for the Michigan forms, but none for the tribal form.

 

[justalayman]

I would wonder if there are any tribal forms. They really aren't all that organized sometimes. It doesn't seem like something they would have available.

I'm curious; which casino does the target work at? They have 3 now.

 

[TheGeekess]

I'm realizing that I have to make 4 copies of the Petition for Order of Garnishment. It's no different than me doing a motion in the Michigan courts.

The process is really the same but it's with the tribe. For the Garnishments in Michigan, I had to send in $$ and 4 copies of the Michigan form. They would sign off on it, keep a copy for the courts and then I was responsible for getting them mailed to the party doing the garnishing. They take care of that part for me and then mail back the "true copy" to me.

I don't have to send four copies of what they sent me because the courts already have it and they are trusting my numbers. The person getting money taken from the paycheck can argue if they feel the amounts are wrong but they have to back it up.

Once I thought it through, it made sense. I was hoping for it to have been spelled out a bit more. I found examples for the Michigan forms, but none for the tribal form.

There were a few forms on the Tribal website. Not sure if those are the ones you need.

 

[TinkerBelleLuvr]

JAL - it's the one closest to the border

The form on the website is the same one they mailed to me with the court order for the recognition of foreign judgment.

The process really does follow what the Michigan courts do on garnishments. Once I thought it through (I was very tired yesterday morning when looking through this), I understood what was said. I made a pleading to the courts by filing the motion. I kept talking motion and she kept talking pleading.

The link I provided in my original post is the same as what was mailed to me. I realized that I didn't add duplication fees and the cost of a money order when tallying the costs that the target gets to pay. I let him off easy - I don't charge mileage since I tend to do things in route to work.

Once I have the garnishment going, I'll come back and list out the steps for anyone else who has to deal with the Indian tribe.

I just started with the small court order - there are two bigger ones to do once I complete the first one. And then there is the case of going either to small claims court if I have to fly up for another reason or just hiring an attorney to go after some more money. Since he pays no court orders willingly, I have to go through garnishments.

 

[TinkerBelleLuvr]

Update:

My guess as to how it worked was correct. The "pleading" that I had to send in was the form from their website that had to be filled out. You send in the original AND 4 copies that includes one as a "true copy" that gets sent to you. For your money, the tribal court sends it out to the employer and the respondent.

So, let the fun begin.