4.02.110 Notice and Public Sale of Property Seized; Proceeds; Bill of Sale

Within ten (10) work days after appraisal of property seized under a writ of execution, the Clerk of Court shall post at the place designated by the

Tribal Council for the posting of legal notices and at least two (2) public places within the Turtle Mountain Jurisdiction notices of sale containing a full description of the property to be sold, together with the appraised value of each item and the time and place of sale. The sale shall be held not less than ten (10) nor more than twenty (20) work days after the posting of notice as provided in above paragraph. The sale shall be conducted between the hours of 9:00 A.M. and 4:00 P.M. at a convenient place. The Clerk of Court shall sell the property publicly to the highest bidder for cash, but for not less than ninety (90) percent of the appraised value. He may sell it by item or in bulk, at his discretion. The Clerk shall pay into the court the expenses of sale and any unpaid court costs of either party from the proceeds of sale, and shall pay the balance up to the full amount of the judgment less unpaid court costs to the plaintiff. Any excess shall be paid to the judgment debtor. The Clerk shall deliver a bill of sale to the buyer upon request.