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Executing On The Permanent Fund Dividend Creditor Instructions CIV-503 - Alaska
| Executing On The Permanent Fund Dividend Creditor Instructions Form. This is a Alaska form and can be used in Civil Statewide . |
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EXECUTING ON THE PERMANENT FUND DIVIDEND CREDITOR INSTRUCTIONS SEPTEMBER 2008 ALASKA COURT SYSTEM CIV-503 (9/08)(white cvr) American LegalNet, Inc. www.FormsWorkFlow.com © Copyright 1992, 1993, 1995, 1997, 1999, 2001, 2002 , 2006, 2007 and 2008 Alaska Court System All rights reserved. Permission to reproduce the contents of this booklet, but not for profit, is hereby granted to governmental and non-profit educational institutions. However, reproduction of any part of this booklet for commercial purposes without the express written permission of the Alaska Court System is strictly prohibited. CIV-503 (9/08)(white cvr) American LegalNet, Inc. www.FormsWorkFlow.com EXECUTION PROCEDURE The procedure described in this booklet can only be used to seize the debtor's permanent fund dividend (PFD), not to seize other property of the debtor. For information about seizing other property, you should read Execution Procedure: Judgment Creditor Booklet (CIV-550), available from the court. Priority of Claims Against A Debtor's PFD The Alaska Statutes give certain claims against the PFD priority over other claims. AS 43.23.065(b). For example, claims for child support, restitution in criminal cases, delinquent student loans, and criminal fines have priority (in that order) over other claims. Claims based on a judgment in a civil or small claims case are processed after any higher priority claims have been satisfied. If more than one claim with the same priority is received, they are processed on a first come first served basis. When Can A Writ Be Served? A writ of execution to seize a PFD cannot be served on the Department of Revenue before April 1 of the dividend year. Writs received before April 1 will be applied to the prior year's dividend. The Department recommends that writs of execution be received by the Department no later than September 15 to ensure that there will be time to match them against all PFD applications before distribution of dividends begins. If you want to execute on the debtor's permanent fund dividend, do the following: STEP 1: OBTAIN IDENTIFYING INFORMATION ABOUT DEBTOR Before the Department of Revenue can take money from a person's PFD, the Department must be able to positively identify the debtor. The Department's regulations require a three-point match between the Department's records and information you provide about the debtor. You must provide an exact match for any three of the following identifiers: 1. first name, 2. date of birth, 3. social security number, or 4. last name. (The Department's regulation is 15 AAC 23.213(d).) CIV-503 (9/08) 1 American LegalNet, Inc. www.FormsWorkFlow.com STEP 2: CHOOSE TYPE OF SERVICE You can use certified mail or a process server to serve a writ of execution on the PFD. Certified mail is less expensive, but you cannot be sure of the date it will be delivered to the PFD Division. If it is important to you that your writ be delivered to the PFD Division at the earliest possible time (April 1) in order to get priority over other possible claims, you will probably want to use a process server. (Be sure to ask the process server if your writ will be served on April 1.) Tell the clerk what type of service you plan to use so the clerk can give you the correct forms to fill out. STEP 2a: CERTIFIED MAIL If you want the writ served by certified mail, do the following: 1. Complete the Forms Please type or print clearly when filling out the following two forms. USE BLACK INK. Press hard so your printing shows through on all copies of the forms. CIV-501 Information for Issuance of Writ of Execution Fill out entire form. Be sure to include in the cost section the cost of serving this writ: the court's certified mail fee ($4.00) plus postage. CIV-502 Writ of Execution and Notice of Levy You will need a separate writ for each debtor. Fill out the following sections of the form: a. Location of court. b. Information in Box 1 and Box 2. (Note: You must provide either the debtor's date of birth or social security number. It is best to provide both.) c. Check box for type of debt. In most cases, you will check the "Other" box. Do NOT fill in the date, clerk's signature or "Statement of Amount Due" at the bottom. CIV-503 (9/08) 2 American LegalNet, Inc. www.FormsWorkFlow.com 2. Prepare a business-size white envelope for certified mail for each writ as follows: a. Address the envelope to: DEPARTMENT OF REVENUE PFD DIVISION ACCOUNTING AND COLLECTIONS UNIT PO BOX 110463 JUNEAU AK 99811-0463 b. Put your return address in the upper left corner. c. Fill out a Receipt For Certified Mail. See example on page 7. Attach the sticker portion next to your return address at the top of the envelope. Keep the portion you filled out for your records. d. Beneath the certified mail sticker on the envelope, write "Return Receipt Requested." e. Fill out a green postal receipt card: Front: Fill in your name and address so the card will be returned to you. Write the case number in the lower left corner. Back: In the "Article Addressed To" box, fill in the address of the PFD Division as noted in paragraph 2.a above. Also, write the total postage amount. In the "Article Number" box, write the certified mail number. In the "Service Type" box, check "Certified Mail." Do NOT attach the green card to the envelope. f. Put required postage on the envelope to pay for first class mail, the certified fee and the return receipt fee. See pages 7-8 for sample envelope and certified mail forms. 3. Take the forms, envelope and green postal receipt card to the clerk. You must pay a $4 fee to the clerk. The clerk will complete the writ of execution and mail it to the Department of Revenue. The green postal receipt card will be returned to you. Be sure to keep the card as proof that the Department of Revenue received the writ. Administrative Rule 9(e) CIV-503 (9/08) 3 American LegalNet, Inc. www.FormsWorkFlow.com STEP 2b: SERVICE BY PROCESS SERVER If you want the writ served by a process server, do the following: 1. Complete Forms Please type or print clearly when filling out the following two forms. USE BLACK INK. Press hard so your printing shows through on all copies of the forms. CIV-501 - Information for Issuance of Writ of Execution Fill out the entire form. CIV-500 - Writ of Execution Fill out the entire form except the date, clerk's signature and "Statement of Amount Due" at the bottom. 2. Choose a process server. The court clerk has a list of all the process servers in the s
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