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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]

§13B PROCEEDINGS TO RECOVER POSSESSION OF PREMISES

§13B-1-1 Jurisdiction of the Tribal Court

a) This sections shall govern relationships between all landlords and tenants within the boundaries of the Poarch Band of Creek Indian Reservation, whether private or public housing

b) Any action for rent due or other breach or default of a legal, rental or purchase agreement shall be brought pursuant to this section and other applicable sections of the Tribal Code of the Poarch Band of Creek Indians.


§13B-1-2 Notice to Vacate

a) When an owner or lessor of real property wishes to evict the tenant from the premises, after the right to occupancy has ceased, the owner or lessor or his agent, shall first cause a written notice to vacate the property to be delivered to the tenant The notice shall allow the tenant seven (7) days to vacate said premises.

Adopted 2-21-88
Initials
         
[Initials on original document.]


§13B-1-3 Affidavit/Complaint

a) If the tenant fails to comply with a notice to vacate given in accordance with § 13B-1-2, the owner or lessor or his agent shall have the right to file a complaint; together with a sworn affidavit with the Tribal Court. The complaint shall be in writing and contain a statement of fact (or charge) which includes: 1) a request to the court for eviction of the tenant; 2) the name and address of the tenant; 3) the Housing Authority unit number and location of the housing unit; and 4) the reason for the request for eviction. Also, attached to the complaint shall be:1) a copy of the lease between the tenant and the Housing Authority; 2) a copy of the Notice(s) of Delinquency served on the tenant; and 3) a copy of the Notice to Vacate served on the tenant. The affidavit and complaint shall be signed by the owner or lessor or his agent.

Amended 4-22-04
Initials
         
[Initials on original document.]


§13B-1-4 Notice

a) Upon filing of the affidavit/complaint, the Tribal Court Clerk shall cause a copy to be served upon each defendant, together with a Summons and Notice of Action instructing the tenant to vacate said premises or file a written answer with the Tribal Court within seven (7) days.

b) If a written answer is filed, the Tribal Court shall set a date for a hearing on the cause, and notices will be served on all parties notifying them of the time and date to appear.

c) If a written answer is not filed, the Court shall proceed to enter a default judgment against the defendant(s). Once judgment is entered, the Court will issue a Writ of Eviction and Notice of Execution to be served by a law enforcement officer which will order defendant(s) and any property of defendant(s) to be removed from said premises.

d) The law enforcement officer shall attempt to personally serve the defendant(s). If the officer is unable to personally serve the Writ of Eviction and Notice of Execution due to the unavailability or avoidance of the defendant(s), said officer shall inform the Tribal Court Judge in writing of the repeated attempts. The Tribal Court Judge may then issue the following notice to be placed on the door of the said premises at least seventy-two hours before the time of eviction:

Notice of Special Service

You are hereby notified that on ____________________ a judgment was entered against you and in favor of the Poarch Band of Creek Indians Housing Authority in the Tribal Court of the Poarch Band of Creek Indians.

Law enforcement has attempted ________ times to personally serve you with a copy of the Writ of Eviction and Notice of Execution. Pursuant to the Poarch Band of Creek Indians Tribal Code § 13B-1-4 (d), as amended by the Tribal Council on April 22, 2004, service in an eviction action may be perfected on a person by attaching a copy of the Writ of Eviction, Notice of Execution, and this order of special service to the door of the premises at issue. This notice shall be given at least seventy-two (72) hours before eviction.

You are advised that your ( ) lease ( ) home ownership policy has been terminated effective immediately and you shall vacate the premises by 12:00 p.m. on __________________________

e) The Law enforcement officer who serves notice under § 13B-1-4 (d) shall by sworn affidavit record the date and time of the posting with the Clerk of the Tribal Court.

Amended 4-22-04
Initials
         
[Initials on original document.]


§13B-1-5 Conduct of Trial

a) Appearance - If the parties appear, the Judge shall conduct the trial in an informal manner so as to do substantial justice between the parties.

b) Non-appearance - If the defendant fails to appear, judgment for the plaintiff shall be entered by default. If the plaintiff fails to appear, the complaint shall be dismissed.


§113B-1-6 Nature of Judgment Allowed

a) In the nature of any action brought under this section, the Court may allow judgment for any of the following as it appears necessary in the cause: 1) all past due rent or payments due; 2) the value of any damage done to the premises; 3) all costs of suit; 4) an order ordering the defendant to quit the premises and vacate immediately; 5) any other equitable relief the Court deems proper under the circumstances; and 6) in addition to the above, the Court may issue a Writ of Eviction and Notice of Execution, effective immediately and directing the Law Enforcement Department to evict the tenant and restore the premises to the owner or lessor or his agent.

Adopted 2-21-88
Initials
         
[Initials on original document.]


§13-1-7 Enforcement of Judgments

a) Enforcement of any final judgment, which shall be called "execution", may proceed by any means available under the appropriate tribal or state law.

b) Enforcement of any final judgment of eviction from a dwelling owned by the Poarch Creek Housing Authority shall be governed by §19 of the Poarch Band of Creek Indians Tribal Code.

Amended 4-22-04
Initials
         
[Initials on original document.]


§13-1-8 Appeals

a) A judgment may be appealed to the Tribal Supreme Court by the filing of a Notice of Appeal in the office of the Clerk of the Tribal Court within fourteen (14) days from the judgment date by furnishing security for cost incurred in the Tribal Court or by affidavit of substantial hardship approved by the Court in place of said security.

b) Notice of Right to Appeal shall be given by the Court to each losing party.

c) All appeals from the Tribal Court shall be to the Tribal Supreme Court. Any judgment, decree or other final order of the Tribal Court maybe appeal to the Tribal Supreme Court.

 


 

RENTAL POLICY AND PROCEDURE (AS AMENDED)

XIV. Legal Proceedings

A. The Tribal Housing Authority shall file a complaint in Tribal Court no later than the 94th calendar day seeking eviction and full payment of the delinquent amount plus the cost of legal expenses and court costs incurred.

B. A copy of the lease, account ledger, letters, and other notices sent to the resident regarding nonpayment shall be attached to the complaint.

C. Once the account is frozen, settlement of the delinquent account can only be accomplished by making payment to the Clerk of the Tribal Court.

D. Once the Tribal Court issues a Writ of Eviction and Notice of Execution, the copies shall be hand delivered to the resident by law enforcement. The Writ shall specify the date for the resident to be evicted, which shall be no sooner than ten days from the date of the Writ of Eviction, and contain the method for settlement of the delinquent account after the eviction. Additionally, the Writ may direct the defendant(s) to make monthly payments to the Court or make monthly payments directly to the Tribe. In any case, the delinquent account shall remain on the tribe's books and the Tribe shall continue collection efforts.

E. The law enforcement officer shall attempt to personally serve the defendant(s). If the officer is unable to personally serve the Writ of Eviction and Notice of Execution due to the unavailability or avoidance of the defendant(s), said officer shall inform the Tribal Court Judge in writing of the repeated attempts. The Tribal Judge may then issue the following notice to be placed on the door of the said premises at least seventy-two hours before the time of eviction:

Notice of Special Service

You are hereby notified that on _______________________ a judgment was entered against you in favor of the Poarch Band of Creek Indians Housing Authority in the Tribal Court of the Poarch Band of Creek Indians.

Law enforcement has attempted __________________ times to personally serve you with a copy of the Writ of Eviction and Notice of Execution. Pursuant to the Poarch Band of Creek Indians Tribal Code § 13-b-1-4 (d), as amended by the Tribal Council on April 22, 2004, service in an eviction action may be perfected on a person by attaching a copy of the Writ of Eviction, Notice of Execution, and this order of special service to the door of the premises at issue.

Amended 4-22-04
Initials
         
[Initials on original document.]


This notice shall be given at least seventy-two (72) hours before eviction.

You are advised that your ( ) lease ( ) home ownership policy has been terminated effective immediately and you shall vacate the premises by 12:00 p.m. on _________________________________.

F. The law enforcement officer who serves notice under 13-B-1-4 (d) shall by sworn affidavit record the date and time of the posting with the Clerk of the Tribal Court.

G. If a resident, who is delinquent, moves out after notification of termination and receipt of the demand letter, yet makes no attempt to settle the outstanding account, the Tribe shall consider the unit abandoned in accordance with policy and refer the case to the appropriate staff for filing in Tribal Court for collection. The Tribe shall make every attempt to collect and shall continue to do so after issuance of the Court order for payment.

H. It is the responsibility of the evicted resident to remove all personal property from the premises. However, if the resident does not remove their personal items, the Tribal Housing Authority shall remove and claim the personal items as Tribal property.

Amended 4-22-04
Initials
         
[Initials on original document.]

 


 

HOME OWNERSHIP POLICY (AS AMENDED)


XIV. Legal Proceedings

A. The Tribal Housing Authority shall file a complaint in Tribal Court no later than the 94th calendar day seeking eviction and full payment of the delinquent amount plus the cost of legal expenses and court costs incurred.

B. A copy of the home buyers lease agreement, account ledger, letters, and other notices sent to the resident regarding nonpayment shall be attached to the complaint.

C. Once the account is frozen, settlement of the delinquent account can only be accomplished by making payment to the Clerk of the Tribal Court.

D. Once the Tribal Court issues a Writ of Eviction and Notice of Execution, the copies shall be hand delivered to the resident by law enforcement. The Writ shall specify the date for the resident to be evicted, which shall be no sooner than ten days from the date of the Writ of Eviction, and contain the method for settlement of the delinquent account after the eviction. Additionally, the Writ may direct the defendant(s) to make monthly payments to the Court or make monthly payments directly to the Tribe. In any case, the delinquent account shall remain on the tribe's books and the Tribe shall continue collection efforts.

E. The law enforcement officer shall attempt to personally serve the defendant(s). If the officer is unable to personally serve the Writ of Eviction and Notice of Execution due to the unavailability or avoidance of the defendant(s), said officer shall inform the Tribal Court Judge in writing of the repeated attempts. The Tribal Judge may then issue the following notice to be placed on the door of the said premises at least seventy-two hours before the time of eviction:

Notice of Special Service

You are hereby notified that on _________________________, a judgment was entered against you in favor of the Poarch Band of Creek Indians Housing Authority in the Tribal Court of the Poarch Band of Creek Indians.

Law enforcement has attempted ___________________ times to personally serve you with a copy of the Writ of Eviction and Notice of Execution. Pursuant to the Poarch Band of Creek Indians Tribal Code § 13b-1-4 (d), as amended by the Tribal Council on April 22, 2004, service in an eviction action may be perfected on a person by attaching a copy of the Writ of Eviction, Notice of Execution, and this order of special service to the door of the premises at issue.

Amended 4-22-04
Initials
         
[Initials on original document.]

This notice shall be given at least seventy-two (72) hours before eviction.

You are advised that your ( ) lease ( ) home ownership policy has been terminated effective immediately and you shall vacate the premises by 12:00 p.m. on ___________________________________________.

F. The law enforcement officer who serves notice under 13-B-1-4 (d) shall by sworn affidavit record the date and time of the posting with the Clerk of the Tribal Court.

G. If the delinquent home buyer moves out after notification of termination and receipt of the demand letter, and makes no attempt to settle the outstanding account, the Tribe shall consider the home abandoned and refer the case to Tribal Court for collection.

H. The Tribe shall make every attempt to collect and shall continue to do so after issuance of the Court order for payment.

I. It is the responsibility of the evicted resident to remove all personal property from the premises. However, if the resident does not remove their personal property, the Tribe shall remove and claim the personal items as Tribal property.

Amended 4-22-04
Initials
         
[Initials on original document.]

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