Executing On The Permanent Fund Dividend Creditor Instructions {CIV-503}

CIV-503 (3/18)(white cvr) EXECUTING ON THE PERMANENT FUND DIVIDEND CREDITOR INSTRUCTIONS March 2018 ALASKA COURT SYSTEM American LegalNet, Inc. www.FormsWorkFlow.com CIV-503 (3/18)(white cvr) 251 Copyright 1992, 1993, 1995, 1997, 1999, 2001, 2002 , 2006, 2007, 2008, 2009, 2010, 2015, and 2018 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 CIV-503 (3/18) 1 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 by the end of August 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, or4.last name.(The Department's regulation is 15 AAC 23.213(d).) American LegalNet, Inc. www.FormsWorkFlow.com CIV-503 (3/18) 2 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 Form CIV-506, Information for Issuance of Writ of Execution on PFD or Garnishment of Earnings.Please type or print clearly when filling out the form. USE BLACK INK. Fill out entire form. Be sure to include in the cost section the cost of serving this writ: the court's certified mail fee plus postage. The service by certified mail fee is listed in Administrative Rule 9. A writ fee will be charged for each writ issued and for each debtor. You must file a separate writ request for each debtor. 1 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 portionnext to your return address at the top of the envelope.d.Beneath the certified mail sticker on the envelope, write "Return Receipt Requested."e.Fill out a green postal receipt card: 1 Administrative Rule 9(e)(10). American LegalNet, Inc. www.FormsWorkFlow.com CIV-503 (3/18) 3 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 inparagraph 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 thereturn receipt fee.See pages 6-7 for sample envelope and certified mail forms. 3. Take the form, envelope with completed Receipt for Certified Mail, and green postal receiptcard to the clerk. You must pay the certified mail fee to the clerk. The service by certifiedmail fee is listed in Administrative Rule 9. The clerk will prepare 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. The Receipt for Certified Mail will be kept by the clerk of court with the writ. STEP 2b: SERVICE BY PROCESS SERVER If you want the writ served by a process server, do the following: 1.Complete Form CIV-501, Information for Issuance of General Writ of Execution for service of process on the PFD office.Please type or print clearly when filling out the forms. USE BLACK INK. Fill out the entire form. A writ fee will be charged for each writ issued. 2 2.Choose a process server. The Department of Public Safety has a list of all the process serversin the state. You may choose any of them. However, the PFD Division has informed theCourt System that it will only accept writs served at a PFD office or another officespecifically authorized to receive writs for the division. The PFD Division only has full-timeoffices in Anchorage, Fairbanks and Juneau. If you select a process server who charges morethan $20 to travel to a PFD office, you will not be able to recover the additional travel costsfrom the debtor. See paragraph 3 below. 2 Administrative Rule 9(e)(10). American LegalNet, Inc. www.FormsWorkFlow.com CIV-503 (3/18) 4 If the process server is not in your community, you must give the court an envelope addressed to the process server with sufficient postage so the clerk can mail the writ and service instructions to the process server. 3.Contact the process server to determine the service fee. Pay the fee directly to the processserver unless the process server is not in your community. In that case, make your checkpayable to the process server but give it to the clerk to mail with the writ. Fees are set by theindividual process server. However, the maximum amount you may recover as costs fromthe debtor is $65 ($45 for service plus $20 for travel). Administrative Rule 11.4.Fill out Service Instructions (use either the court form CIV-560 or the process server's form) explaining where the papers should be served. You must include in the serviceinstructions the identifying information about the debtor described in Step 1. See page8 for sample filled-out form.5.Return the forms to the clerk. The clerk will prepare the writ and deliver it to the processserver. You will be notified by the process server when the writ has been served.STEP 3: PROOF OF SERVICE 1.Certified Mail If the writ is served by certified mail, the green postal receipt card will be returned to you. Be sure to keep the card as proof that the writ was served. If the envelope is returned to you (for example, because of insufficient postage or an error in the address), you must take it to the clerk