(a)        If after entry of a judgment awarding money damages and/or costs against a party, or after final resolution of an appeal to the appellate court from such a judgment, the judgment creditor demonstrates to the Court that the judgment debtor has not paid the judgment amount in full or commenced making installment payments in a manner agreed to by the parties, or is not current in such payments, the Court shall upon motion of the judgment creditor, either (1) order the Community to seize, levy or garnish wages or per capita payments made by the Community as provided herein, or (2) order the local law enforcement to execute on the personal property of the judgment debtor as provided herein.

(b)        Wages of persons working for the Community or its economic enterprises are subject to seizure, levy or garnishment provided the amounts seized, levied or garnished do not exceed 20% of the individual's disposable earnings.  "Disposable Earnings" means that part of the earnings of an individual remaining after deduction from those earnings of amounts required by law to be withheld.  In the event the seizure, levy or garnishment is pursuant to a child support order, the provisions of Title 3, Chapter III, Section 7 of the Code shall apply.

(c)        Any payments made by the Community to its members from the net revenues

of tribal gaming pursuant to the Indian Gaming Regulatory act ["per capita payments"] are subject to seizure, levy or garnishment by the Tribal Court provided the amount seized, levied or garnished does not exceed the greater of $100.00 per month or 10% of an adult's net monthly per capita payment.  In the event the seizure, levy or garnishment is pursuant to a child support order, the provisions of Title 3, Chapter III, Section 7 of the Code shall apply.

(d)        The Court shall order the judgment debtor to appear before it and answer under oath regarding all her/his personal property.  The Court shall then determine what property of the judgment debtor is available for execution and order the local law enforcement to seize as much of such property as reasonably appears necessary to pay the judgment amount.  Failure of the judgment debtor to appear may be deemed a contempt of court and the Court may proceed without such appearance.  Sale of the seized property shall be at public auction conducted by local law enforcement officials designated by the Court after giving at least ten (10) days public notice posted in at least three conspicuous public places.  Property shall be sold to the highest bidder who shall make payment for the property at the time of sale.  The person conducting the auction may postpone such in her/his discretion if there is inadequate response to the auction or the bidding, and may reschedule such upon giving the required notice.  The person conducting the sale shall give a certificate of sale to the purchaser and shall make a return to the Court reciting the details of the sale.  Real property is exempt from execution and seizure under this provision.  This section only applies to personal property.