When Does This Issue Apply?

A Native American who has received a tribal court order may require enforcement if the defendant or the defendant’s assets are off reservation. Depending on state law, there may be recognition for the type of tribal order received. If there is not applicable state law, then a Request for Comity must be filed.

Why is an Order Necessary?

Regardless, a filing in state court must occur to request the recognition and demonstrate that the tribal court had jurisdiction over the defendant and subject matter, the defendant was given due process by notice and the opportunity to be heard, and the order doesn’t conflict a state public policy. Once the tribal court order has been recognized then state enforcement processes like garnishment, repossession, force sale of property, and more can be utilized.