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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.)
Foreign Judgment:
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.)
Interest:
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 |
Section 09.10.100
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