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Thread: wage garnishment against non-Indian employee of Indian reservation

  1. #1
    Junior Member
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    Default wage garnishment against non-Indian employee of Indian reservation


    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?

  2. #2
    Senior Member
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    Default wage garnishment against non-Indian employee of Indian reservation

    >If I obtain a order for wage garnishment in state (small claims)
    court, will it be enforceable to collect from the debtor's paycheckfrom 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>
    *****

  3. #3
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    Default wage garnishment against non-Indian employee of Indian reservation


    "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



  4. #4
    Senior Member
    Join Date
    Jun 2003
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    Default wage garnishment against non-Indian employee of Indian reservation

    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

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