3 NICS App. 338, Pocatello Simplot Credit Union v. Rodriguez (August 1994)

IN THE SHOSHONE-BANNOCK TRIBAL COURT OF APPEALS

FORT HALL RESERVATION

FORT HALL, IDAHO

Pocatello Simplot Credit Union v. Rodriguez

No. C-91-30/App-94-09 (August 3, 1994)

SUMMARY

Appeal of Trial Court order granting Plaintiff's motion for repossession of Defendant's car, motorcycle and mobile home due to Defendant's failure to make required payments. Court of Appeals affirmed.

FULL TEXT

Before:            Justice David Harding.

Appearances:  Becky Pickens, representing Plaintiff, Pocatello Simplot Credit Union; Blaine Edmo, advocate for Defendant, Jesse Rodriguez.

NATURE OF ACTION

Plaintiff Credit Union filed a Petition for Repossession in Tribal Court on March 19, 1991, due to defendant's failure to make required payments on his car, motorcycle and mobile home. Trial Court granted Repossession on June 21, 1991. Plaintiff and Defendant subsequently reached several repayment agreements. After Defendant failed to make payments as required, Plaintiff twice moved for and court granted Orders to Show Cause. Defendant did not appear at either hearing. On June 8, 1994, Trial Court entered a Minute Entry and Order ordering repossession of the car, motorcycle and mobile home. Defendant appeals the order on the grounds that he was not notified of nor present at the hearing at which the Order of Repossession was issued.

HARDING, Justice:

The above entitled matter came on for an Appeal hearing on this 3rd day of August, 1994, and was heard before the undersigned Honorable Presiding Judge of the above entitled court. Present were Plaintiff's representative, Becky Pickens, and Advocate for Defendant, Blaine Edmo and not present was Defendant.

3 NICS App. 338, Pocatello Simplot Credit Union v. Rodriguez (August 1994) p. 339

Advocate, Blaine Edmo, informed the court that he has no knowledge of the Defendant's whereabouts and he has contacted the Defendant's mother and other relatives in trying to locate him and left messages for him.

Court informed the parties that the court has done everything it could to notify the Defendant.

Advocate, Blaine Edmo, briefly informed the court the status of this case and that his client wanted the last court overturned and that his client was not present at that last hearing in regards to the Petition for Repossession which was granted because his client was not served with notice and that is the basis for this appeal.

Representative, Becky Pickens, stated to the court that we came to court in November, 1993, and Defendant was order to make a payment which he paid in December, 1993, and that was the last payment we received and at that time his notice was published in the Sho-Ban News for two weeks and he gave the court clerk his correct address and that Two Thousand and Five Hundred Dollars ($2,500) is past due and Plaintiff has had no contact with him and Defendant has not tried to prove himself and we would like to clear our books of this debt.

Court inquired of both parties "What do you want today?"

Representative, Becky Pickens, stated "I want the trailer and motorcycle and other collateral and we don't know where the collateral are located and we do know where the trailer is located.

Court inquired "What was the last court order?"

Representative, Becky Pickens, stated in April 28, 1994, and on June 8, 1994, and a Writ of Assistance from Fort Hall Police Department was obtained.

Court informed the parties that in accordance with the court order dated June 8, 1994, and that Blaine Edmo appeared and Defendant failed to appear, therefore, the court will give the Creditor permission to execute on the items listed on the court order dated June 8, 1994, and that Creditor will need a Writ of Assistance from the Fort Hall Police Department so there will be no trouble and the Creditor must notice the family in the home so there is not trauma to the children or others.

Representative, Becky Pickens, inquired of this Court, "Do we need to issue a three day eviction notice?"

Court stated that he doesn't want the people living there emotionally distressed and it would be considered a courtesy for the eviction notice.

Representative, Becky Pickens, stated "If there are damages, what can we do?"

3 NICS App. 338, Pocatello Simplot Credit Union v. Rodriguez (August 1994) p. 340

Court stated that you may assess the damages and you may need to file another action on that matter.

IT IS HEREBY ORDERED, DECREED, ADJUDGED; that this Appeal is Denied and the court order dated April 28, 1994, will remain in effect.