Money Judgments of Other JurisdictionsTribal Court Civil Money Judgment Act
Section § 1730
This law is called the Tribal Court Civil Money Judgment Act.
Section § 1731
This section explains how California courts handle money judgments made by tribal courts of recognized Indian tribes. It says California courts can recognize and enforce these judgments as long as they follow certain rules. However, it doesn't apply to certain judgments like those related to taxes, penalties, child support (if covered by federal law), or probate matters like estates and guardianships. The law won’t change the powers of either the state or the tribes.
Section § 1732
This section defines key terms for enforcing tribal court money judgments in California. An "applicant" is someone trying to enforce such a judgment. A "respondent" is the person against whom the judgment is enforced. A "tribal court" is any court set up by federally recognized tribes. "Due process" ensures fair legal proceedings, including rights like having a lawyer and a fair hearing. "Good cause" involves having a strong reason for a legal action, considering potential harm from delays. A "tribal court money judgment" is a final, enforceable order from a tribal court requiring payment, and it must follow tribal laws.
Section § 1733
If you want to get a judgment recognized in California's courts, you need to apply in a superior court. You usually file in the county where the person you're applying against lives or has property. If they don't live in California, you can choose any county. Also, if the judgment from a tribal court is $35,000 or less, it is treated as a simpler, limited case.
Section § 1733.1
This law section allows parties involved in a tribal court proceeding to apply for recognition of a tribal court order concerning child support, spousal support, or marital property rights as they relate to retirement or deferred compensation plans. If both parties agree, they can file a joint application. If one party disagrees, the other can move forward with a certificate provided by the tribal court. The application requires detailed contact information, a certified copy of the order, and must be completed under penalty of perjury. There's a $100 filing fee, and the application can be filed in the county where either party resides. Importantly, the acceptance of a tribal court order doesn't grant state courts the power to change or enforce it.
Section § 1734
This section outlines the process for someone to have a tribal court's money judgment recognized and entered into California's superior court. The applicant needs to file an application under penalty of perjury, including specific information such as the tribal court's details, the applicant's and respondent's information, and confirmation that the action isn't barred by time limits. The application also requires a statement saying the judgment is final and unpaid, details about any interest, and affirmation that no related actions are pending elsewhere. The application must attach certain documents like an authenticated judgment copy and procedural rules from the tribal court.
Section § 1735
When someone applies to recognize a tribal court's money judgment, they must quickly notify the person they're asking to pay by providing them with a notice and copies of the application. The notice, set by the Judicial Council, informs the recipient they have 30 days to object. Typically, the notice is delivered like a lawsuit summons, but if the State of California is involved, it can be mailed to the Attorney General's office. The cost of delivering this notice can be claimed back up to a certain limit. After serving the notice, proof of this service must be filed promptly.
Section § 1736
This section explains what happens if nobody objects to a tribal court's money judgment in time. In that case, the court clerk will confirm that no objections were made, and the judgment will be entered. This judgment will then have the same power and enforceability as any other judgment or order from a state's court, unless there's a special rule saying otherwise.
Section § 1737
This law section outlines the process for objecting to the enforcement of a tribal court money judgment in California. If someone wants to stop such a judgment from being enforced, they must file an objection within 30 days of being notified. The court will hold a hearing within 45 days, unless there's a good reason to delay. The objections can be based on several grounds, such as the tribal court lacking power over the parties or subject, the procedure being unfair, or if there was fraud or inadequate notice. The California court can decline to recognize a judgment if it opposes public policy or the agreed terms between parties. Exceptions allowing recognition may apply if justified. The onus is on the party seeking enforcement to prove the judgment should be recognized, and opposers must then establish valid grounds against it.
Section § 1738
This law says that if someone can prove certain conditions to a superior court, the court must pause enforcement of a tribal court's money judgment. First, if an appeal of the tribal court's decision is ongoing or possible, the superior court must wait until the appeal is decided or the appeal time runs out. Second, if the tribal court itself has already paused the enforcement, the superior court must follow suit until that pause is lifted. Lastly, the superior court can halt enforcement if justice demands it in other situations.
Section § 1739
If you want a California court to recognize a money judgment from a tribal court, you need to start the process within a certain time frame. You must either do it while the judgment is still valid in the tribal court's area or within ten years from when the judgment first became valid there, whichever is earlier.
Section § 1740
This law section allows California superior courts to contact a tribal court judge if there are questions about a tribal court's money judgment. All involved parties must be notified about this communication and can join in the discussion. The court must also keep a record of what is said during these talks.
Section § 1741
This law explains how tribal court money judgments are recognized and enforced in California superior courts. For cases started before January 1, 2015, the Uniform Foreign-Country Money Judgments Recognition Act applies. For cases started on or after January 1, 2015, this chapter specifically governs the enforcement of tribal court money judgments. Importantly, this law does not prevent someone from enforcing other parts of a tribal court's decision that aren't covered by the judgment recognized in this section.