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See Alaska Judgment Enforcement Law below.
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.
Judgments and Enforcement:
A judgment generally may be enforced for a period of ten (10) years from the date of entry in the State of Alaska. (Section 09.10.040.) The judgment may become a lien upon the non-exempt real property of a judgment debtor if the judgment creditor record a certified copy of the judgment at the recorder's office of a recording district. The lien continues during the time execution may issue on the judgment or decree but for not more than 10 years from date of entry of the judgment or decree. After expiration of the lien, the court, upon application by the interested party, may grant leave for issuance of execution upon the judgment or decree. (Section 09.30.010.)
Generally, all goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action, are liable to execution of a judgment. (Section Sec. 09.35.070.) A judgment creditor may obtain a writ of execution against the property of the judgment debtor, the person of the judgment debtor, or a third party for the delivery of the possession of real or personal property, including damages for withholding the property. (Section 09.35.030.) However, if a writ of execution is not issued on the judgment within a period of five years after the entry of judgment, no execution may issue except by order of the court in which judgment is entered. The court may grant the motion if it determines that there are just and sufficient reasons for the failure to obtain the writ of execution within five years after the entry of judgment. (Section 09.35.020.)
Garnishment of wages is permissible under Section 09.38.030 of the Alaska Statutes. However, an individual debtor is entitled a statutory wage exemption of an amount not to exceed $350 of his weekly net earnings. This exemption may be increased when the individual submits an affidavit, under penalty of perjury, stating that the individual's earnings alone support the individual's household; by so doing, the maximum part of the individual's aggregate disposable earnings for any week subject to execution may not exceed the amount $550. (Section 09.38.050(b).)
Confess of judgment is permitted under the laws of the State of Alaska . The confession may be made only by the confessor in person or by the person's attorney in fact under a power of attorney so authorizing, or, if the confessor is a corporation, only by a person who at that time has a relation to the corporation that would authorize the service of summons on that person. (Section 09.30.050.) When an action upon a contract is pending against one or more defendants jointly liable, judgment may be given on the confession of one or more defendants against all the defendants jointly liable, whether all defendants have been served with the summons or not. However, the judgment may be enforced only against their joint property and against the joint and separate property of the defendant making the confession. (Section 09.30.060.)
Under the Uniform Enforcement Of Foreign Judgments Act of the State of Alaska, a judgment from other states generally is entitled to full faith and credit for the purpose of enforcement. (Section 09.30.270.) Upon the filing of an authenticated copy of the foreign judgment by a judgment creditor or his lawyer, an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor, payment of a required fee, and the giving of appropriate notice thereof to the debtor at his last known address, the clerk shall enter the foreign judgment and treat it in the same manner as a judgment of the superior court of the State of Alaska. No execution or enforcement, however, may be issued until twenty (20) days after the entry of the foreign judgment. (Sections 09.30.210, 09.30.230.) A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating or staying as a judgment in the court of the State of Alaska, and may be enforced or satisfied in the like manner. (Section 09.30.200.)
Legal rate: 10.5% per annum in the absence of a contract between the parties. (Section 45.45.010(a).)
10.5% per annum in the absence of a contract between the parties. (Section 45.45.010(a).)
Contract Rate: Interest may not be charged by express agreement of the parties in a contract or
loan commitment that is more than 5% points above the annual rate charged member banks for
advances by the 12th Federal Reserve District on the day on which the contract or loan commitment
is made. A contract or loan commitment in which the principal amount exceeds $25,000 is exempt
from this limitation. (Section 45.45.010(b).)
Interest may not be charged by express agreement of the parties in a contract or loan commitment that is more than 5% points above the annual rate charged member banks for advances by the 12th Federal Reserve District on the day on which the contract or loan commitment is made. A contract or loan commitment in which the principal amount exceeds $25,000 is exempt from this limitation. (Section 45.45.010(b).)
Judgment rate: The rate of interest on judgments and decrees for the payment of money, including
prejudgment interest, is 3% points above the 12th Federal Reserve District discount rate in effect on
January 2 of the year in which the judgment or decree is entered, except that a judgment or decree
founded on a contract in writing, providing for the payment of interest until paid at a specified rate
not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified
in the contract if the interest rate is set out in the judgment or decree. (Section 09.30.070)
The rate of interest on judgments and decrees for the payment of money, including prejudgment interest, is 3% points above the 12th Federal Reserve District discount rate in effect on January 2 of the year in which the judgment or decree is entered, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specified rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree. (Section 09.30.070)
A creditor may be entitled to prejudment interest under Section 09.30.070(b). Prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier. The written notification must be of a nature that would lead a prudent person to believe that a claim will be made against the person receiving the notification, for personal injury, death, or damage to property. Prejudgment interest, however, may not be awarded for future economic damages, future non economic damages, or punitive damages. (Section 09.30.070(c).)
Alaska Exemptions Act:
In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution of a
judgment, or in a bankruptcy proceeding. The extent of property which may be exempt is governed under the Alaska Exemptions Act (Title 9, Chapter 38).
An individual is entitled to exemption as a homestead of the individual's interest in property in the State of Alaska used as the principal residence of the individual or the dependents of the individual, but the value of the homestead exemption may not exceed $54,000. (Section 09.38.010(a).) If property owned by the entirety or in common is used by one or more individual owners or their dependents as their principal residence, each owner is entitled to a homestead exemption of that owner's interest in the property as provided above but the aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed $54,000. (Section 09.38.010(b).)
Under the Alaska Exemptions Act, certain personal property may be exempt without limitation in value (Section 09.38.015) and others may be exempt up to a limited value (Section 09.38.020). Some of the personal property exemptions which are exempt without limitations in value include a burial plot, health aids reasonably necessary to enable the individual or a dependent to work or to sustain health, benefits paid or payable for medical, surgical, or hospital care to the extent they are or will be used to pay for the care; awards for crime victims under Section 18.67, longevity bonus under Section 47.45, compensation or benefits paid or payable and exempt under federal law, tuition credits under an advance college tuition payment contract authorized under AS 14.40.809 (a); a permanent fund dividend to the extent allowed under Section 43.23.065.
Personal property exemption which are subject to a limiation in value include household goods and wearing apparel, books and musical instruments; and family portraits and heirlooms of particular sentimental value up to an aggregate value of $3,000; jewelry not exceeding $1,000 in aggregate value; professional books and tools of trade not exceeding $2,800 in aggregate value; pets to the extent the value does not exceed $1,000; and one motor vehicle to the extent of a value not exceeding $3,000 if the full value of the motor vehicle does not exceed $20,000. (Section 09.38.020.) Other exemptions may include retirement plan benefits, unmatured life insurance and annuity contracts with a loan value of less than $10,000.
In a proceeding under 11 U.S.C. (Bankruptcy), the State of Alaska permits only those exemptions prescribed under Sections 09.38.010, 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 of the Alaska Statutes. (Section 09.38.055.
Statutes of Limitation: Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date a cause of action accrues. (Section 09.10.010.) In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action accrues from the date of the last item proved in the account on either side. But when a period of more than one year elapses between any of a series of items or demands, they are not included as part of the account. (Section 09.10.110.) When a past due payment of principal or interest is made upon any evidence of indebtedness, the running of the time within which an action may be commenced starts from the time the last payment is made. (Section 09.10.210.) ]
Some of the time limitations relevant to credit and collection matters are as follows:
Express or implied contract 3 years Section 09.10.053
Sale of Goods 4 years Section 45.02.725
Injury to personal property 2 years Section 09.10.070
Recovery of real property 10 years Section 09.10.030
Action that are not specifically provided under Alaska Statutes 10 years