Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

7.06.210 Action for Unlawful Detainer

The lender or federal agency which originally made, insured or guaranteed the mortgage loan shall commence an action for unlawful detainer by filing with the Tribal Court, in writing, the following documents:

(a) A complaint signed by the lender or federal agency, or an agent or attorney on behalf:

(1) Citing facts alleging the jurisdiction of the Tribal Court;

(2) Naming as defendants the mortgagors and any other record owner (including any lessees, sub lessees and subordinate lien holders), of which the complainant has record notice;

(3) Describing the land assignment subject to the mortgage;

(4) Stating the facts concerning:

(A) the execution of the land assignment and the mortgage,

(B) the recording of the mortgage, and

(C) the facts upon which he seeks to recover;

(5) Stating any claim for damages or compensation due from the persons to be evicted; and

(6) Otherwise satisfying the requirements and rules of the Tribal Court.

(b) A copy of the summons, issued in accordance with the rules of the Tribal Court, requiring the defendants to file a response to the complaint by the date specified in the summons. The deadline specified in the summons for the filing of a response shall be no less than 20, no more than 30, days from the date of service of the summons and the complaint. The summons shall notify the defendants that judgment will be taken against them in accordance with the terms of the complaint unless they file a response with the Tribal Court by the date specified in the summons.