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Judgment Debtor Booklet CIV-511 - Alaska
| Judgment Debtor Booklet Form. This is a Alaska form and can be used in Civil Statewide . |
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JUDGMENT DEBTOR BOOKLET 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. October 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-511 (10/08)(blue cvr) (To be used only with form CIV-510) American LegalNet, Inc. www.FormsWorkFlow.com © Copyright 1984, 1985, 1986, 1988, 1991, 1992, 1997, 2000, 2002, 2004, 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-511 (10/08) JUDGMENT DEBTOR BOOKLET American LegalNet, Inc. www.FormsWorkFlow.com TABLE OF CONTENTS Page Introduction I. II. III. IV. What May Happen If You Do Not Pay A Judgment Against You......................................1 Exemptions ..........................................................................................................................4 Claims Enforceable Against Exempt Property ..................................................................17 Glossary (Definition of Words) .........................................................................................18 CIV-511 (10/08) JUDGMENT DEBTOR BOOKLET American LegalNet, Inc. www.FormsWorkFlow.com INTRODUCTION A "judgment" is a judge's written decision in a court case. The judgment states who owes money, to whom the money is owed and how much is owed. The "judgment creditor" is the person who is owed the amount stated in the judgment. The "judgment debtor" is the person who owes the judgment creditor the amount stated in the judgment. This booklet is a basic explanation of the legal procedure which may be used to take your property from you in order to pay the judgment against you. The booklet outlines the rights you may have to protect your property from being taken away from you permanently. The word "property" is used in this booklet to mean anything you own. For more information, you may want to read the Alaska Statutes on execution procedures: 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 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 800-770-9999 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 18, may be helpful to you. CIV-511 (10/08) JUDGMENT DEBTOR BOOKLET American LegalNet, Inc. www.FormsWorkFlow.com I. WHAT MAY HAPPEN IF YOU DO NOT PAY A COURT JUDGMENT AGAINST YOU A. YOUR PROPERTY CAN BE SEIZED BY COURT ORDER If you do not pay a court judgment, your creditor can ask the court for a court order (called a "writ of execution") which allows the creditor to seize some of your property and sell it to pay your debt. If the court issues a WRIT OF EXECUTION against you and if your creditor uses the WRIT to seize (levy upon*) some of your property, you will need to act quickly if you want to try to protect your property from being taken from you permanently. Within three days after seizing any of your property, your creditor must send you a notice telling you what was seized and your right to claim that your property is "exempt." "Exempt" means "protected by law from being taken permanently from you to pay the judgment against you." This is explained more fully in the section on Exemptions, beginning on page 4. B. HOW TO CLAIM AN "EXEMPTION" If you want to try to protect some of the property your creditor has seized or plans to seize, you must act quickly. 1. As soon as you receive the NOTICE OF LEVY* from your creditor, look at the CREDITOR'S AFFIDAVIT attached to the NOTICE to see what your creditor has seized or plans to seize. Then look at the Exemptions section of this booklet, beginning on page 4, to see if you may claim any of the property is "exempt." Then fill out the CLAIM OF EXEMPTIONS form which is attached to the NOTICE. File this CLAIM OF EXEMPTIONS form with the clerk of court at the address shown on the NOTICE within 15 days of the date you receive the NOTICE. (Note: You may either mail the CLAIM form to the clerk or deliver it in person. However, if you mail it, it must arrive at the clerk's office within 15 days from the date you received the NOTICE.) 2. 3. 4. BE AWARE: Even though the law says you are entitled to an exemption, you will not be given the exemption unless you claim it. You must claim your exemptions or you will lose them. YOU MUST FILE YOUR CLAIM WITHIN 15 DAYS. * "Levy" means to seize property under the authority of a court order for the purpose of collecting a debt. CIV-511 (10/08) JUDGMENT DEBTOR BOOKLET 1 American LegalNet, Inc. www.FormsWorkFlow.com C. AFTER YOU FILE YOUR CLAIM After you file your CLAIM OF EXEMPTIONS with the court, the court will send a copy of the claim to the creditor and give the creditor 10 days to respond. The court will decide your claim based on the information submitted, or the court will schedule a hearing. If a hearing is ordered, you will be notified of the date and time it will be held. You must attend the hearing. At the hearing, you must prove your right to an exemption. You should bring to the hearing any documents or other evidence supporting your claim. If the hearing is scheduled to be held in a city other than where you live and you believe it will be too inconvenient and expensive for you to attend the hearing, you may ask the court to move
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