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Execution Procedure Judgment Creditor Booklet CIV-550 - Alaska
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EXECUTION PROCEDURE JUDGMENT CREDITOR BOOKLET See Booklet CIV-503 For Instructions About Executing On The Alaska Permanent Fund Dividend Court staff generally can inform you about court procedures, court rules, court records, and forms. Court staff must remain neutral and impartial. They are not allowed to give legal advice. Court staff cannot: · advise you how statutes and rules apply to your case, · tell you whether the documents you prepare properly present your case, · tell you what the best procedures are to accomplish a particular objective, or · interpret laws for you. If you need help with your case, you should talk to a lawyer. MAY 2008 ALASKA COURT SYSTEM This booklet and most of the forms mentioned in it are available on the court system's website: www.state.ak.us/courts/forms.htm CIV-550 (5/08)(yellow cvr) American LegalNet, Inc. www.FormsWorkFlow.com © Copyright 1984, 1985, 1986, 1988, 1989, 1990, 1991, 1993, 2000, 2001, 2002, 2004, 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. American LegalNet, Inc. www.FormsWorkFlow.com TABLE OF CONTENTS Page Introduction................................................................................................ ii I. II. Brief Outline of Execution Procedure............................................ 1 Execution Procedure....................................................................... 2 A. B. C. D. III. IV. Executing on Debtor's Earnings......................................... 4 Executing on Debtor's Property.......................................... 9 Executing on Certain Kinds of Personal Property .......... 15 Judgments to Collect Specific Personal Property ........... 22 Serving Documents....................................................................... 23 How to Locate Debtor's Assets..................................................... 29 A. B. C. Places to Look ..................................................................... 29 Judgment Debtor Hearing ................................................. 30 Formal Discovery Procedures ............................................ 32 V. VI. VII. Other Remedies ............................................................................ 33 Creditor's Duty to Acknowledge Satisfaction of Judgment ....... 35 Other Information ........................................................................ 36 VIII. Claims Enforceable Against Exempt Property ........................... 38 IX. Glossary......................................................................................... 40 CIV-550 (5/08) JUDGMENT CREDITOR BOOKLET i American LegalNet, Inc. www.FormsWorkFlow.com INTRODUCTION Execution procedures are complicated. This booklet is a basic explanation of the steps generally involved. It is not, however, a complete statement of everything there is to know about how to collect the amount you are owed after you win a judgment in a court case. For more information, you may want to read the Alaska Statutes on execution procedure: Chapter 35 and Chapter 38 of Title 9 of the Alaska Statutes (abbreviated as AS 09.35.010 etc. and AS 09.38.010 etc.). Be sure to check the supplement to see if any of the statutes have been amended. You may also want to read Civil Rule 69 in the Alaska Rules of Court. You can find the statutes and court rules in the State Law Library at the Anchorage court, in the court libraries at several other court locations, and in many city libraries. They are also available on the Internet. You can find links to them on the court system's website: www.state.ak.us/courts For more information about the debtor's rights, you should read the JUDGMENT DEBTOR BOOKLET (CIV-511), available at all state courthouses and on the court system's website. You may want to contact a lawyer for assistance. If you do not have a lawyer, the Lawyer Referral Service of the Alaska Bar Association may be able to help you find a lawyer. Call 272-0352 in Anchorage or 800770-9999 if you are outside Anchorage (toll free within Alaska). There may be some words used in this booklet which are unfamiliar to you or which have special meanings when used in this type of legal procedure. The Glossary, which begins on page 40, may be helpful to you. Note: This booklet describes the procedures to be used by general creditors (that is, creditors who do not have security interests in their debtors' property). Creditors who have a security interest in particular property owned by the debtor may have to follow special procedures in executing upon that property if they wish to assert their rights under the security interest. See AS 09.38.070. Also see footnote 23 on page 22. CIV-550 (5/08) JUDGMENT CREDITOR BOOKLET ii American LegalNet, Inc. www.FormsWorkFlow.com I. BRIEF OUTLINE OF EXECUTION PROCEDURE If you have won a judgment and the debtor has failed to pay what the debtor owes you under that judgment, you may use execution procedures to try to collect your judgment. Briefly, the most common type of execution procedure works like this: 1. 2. You (the judgment creditor) ask the court for a Writ of Execution. The court issues the Writ of Execution and gives it to a process server picked by you from an approved list. You will have to pay the process server. The process server takes the Writ of Execution and uses it to seize some of the debtor's property (for example, money in the debtor's bank account). Note: you have to tell the process server where to find the debtor's property. The property is placed in storage at your expense by the process server, or if it is money, it is delivered to the court for safekeeping. The process server must then find the debtor and give the debtor various papers which notify the debtor that the property has been seized and that the debtor may have rights which will allow the debtor to get the property back. These rights are called the debtor's "exemptions." The debtor has a certain amount of time within which to contact the court to claim exemptions. If the debtor does so, the court will decide whether to grant the exemptions. If the debtor does not claim any exemptions, the property may be sold at public auction in order to pay
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