Fill and Sign the Civ 503 Executing on the Pfd State of Alaska Form

CIV -503 ( 3/18 )(white cvr) EXECUTING ON THE PERMANENT FUND DIVIDEND CREDITOR INSTRUCTIONS March 2018 ALASKA COURT SYSTEM CIV -503 ( 3/18 )(white cvr) © Copyright 1992, 1993, 1995, 1997, 1999, 2001, 2002 , 2006 , 2007 , 2008 , 2009, 20 10 , 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. 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 ot her 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 a re 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 e nsure 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 provi de 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 ( 3/18 ) 2 STEP 2: CHOOSE TYPE OF SE RVICE 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 deli vered 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 cl erk 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 -50 6, 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 . 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 portio n next 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). 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 in paragraph 2.a above. Also, write the total postage amount. ● In the "Article Number" b ox, 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 f ee . 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 receipt card to the clerk. You must pay the certified mail fee to the clerk . The service by certified mail 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 t he 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 , Informatio n 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 servers in the state. You may choose any of them. However, the PFD Division has informed the Court System that it will only accept writs served at a PFD office or ano ther office specifically authorized to receive writs for the division. The PFD Division only has full -time offices in Anchorage, Fairbanks and Juneau. If you select a process server who charges more than $ 20 to travel to a PFD office, you will not be abl e to recover the additional travel costs from the debtor. See paragraph 3 below. 2 Administrative Rule 9(e)(10) . 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 a nd service instructions to the process server. 3. Contact the process server to determine the service fee. Pay the fee directly to the process server unless the process server is not in your community. In that case, make your check payable to the proces s server but give it to the clerk to mail with the writ. Fees are set by the individual process server. However, the maximum amount you may recover as costs from the 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 service instructions th e identifying information about the debtor described in Step 1. See page 8 for sample filled -out form. 5. Return the forms to the clerk. The clerk will prepare the writ and deliver it to the process server. 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 with a new envelope so the clerk can reissue the writ. 2. Process Server If the writ is served by a process server, the process server should notify you when it is served. You should contact the process serv er directly if you have any questions. STEP 4: NOTICE TO DEBTOR AND COLLECTION OF MONEY You will not know whether money is seized on the execution until the PFD checks are issued, which usually happens in October and November . In some cases, y ou will have to wait several weeks after November to find out if your writ o f execution was successful. This is because the PFD Division will still be reviewing some applications to decide whether the applicant should get a dividend. That review may take several months, and your writ will not take effect until the PFD Division decides whether the debtor gets a dividend. CIV -503 ( 3/18 ) 5 1. If Funds Are Seized The Department of Revenue will send the seized funds to the court. The Department will also send the debtor notice of the seizure. The debtor has 30 days in which to file an objection with the court if a mistake has been made. The court will notify you if a hearing is scheduled on the debtor's objection. If no objection is filed or if the court finds no mist ake has been made, the court will send you a check for the amount received from the Department of Revenue. 2. If No Funds Are Seized The Department gives process servers and the court system’s administr ativ e office lists of writs of e xecution that were not paid. The reason for non -payment is either because : ● The identifying information you provided about the debtor did not match any app licant for this year’s dividend, or ● There is no money available from the debtor's PFD (for exa mple, because the debtor's PFD has already been seized to pay another debt). The court system’s administrative office combines these “no -pay” lists with lists of payments received (“pay” lists) and produces a “Public List of PFD Attachments.” If your wri t was served by a process server, contact your process server directly if you have any questions. If your writ was served by certified mail and you do not receive any money by January, check the court ’s website as described below. If you want to know whe ther the court received any money, go to court system’s website at www.courts.alaska.gov/trialcourts/pfd.htm to see the “Public List of PFD Attachments.” The list for most of the current year’s attachments (those done in October and November) should be on the website by the end of December. The list includes both successful and unsuccessful attempts to take PF Ds. Debtors are listed in alphabetical order by last name. If your case is not listed in the “Public List,” ask to see your case file so you can look for information about attachments processed after the list was pr epared . Because of the large volume of executions, most courts cannot respond to telephone inquiries. Please do not call the court for this information. CIV -503 ( 3/18 ) 6 The Post Office or www.usps.com can provide these amounts . It is the customer’s responsibility to verify the amount of postage required for mailing. 3AN -08 -333 CI 1/5/08 xxxx xxxx xxxx xxxx Dept. of Revenue, PFD Div Accounting & Collections Unit PO Box 110463 Juneau AK 99811 -0463 DEPARTMENT OF REVENUE PFD DIVISION ACCOUNTING & COLLECTIONS UNIT PO BOX 110463 JUNEAU AK 99811 -0463 3AN -08 -333 CI 1/5/08 xxxx xxxx xxxx xxxx Dept. of Revenue, PFD Div Accounting & Collections Unit PO Box 110463 Juneau AK 99811 -0463 DEPARTMENT OF REVENUE PFD DIVISION ACCOUNTING & COLLECTIONS UNIT PO BOX 110463 JUNEAU AK 99811 -0463 CIV -503 ( 3/18 ) 7 3AN -08 -333 CI 1/5/08 .42 2.70 2.20 5.32 DEPT. OF REVENUE, PFD DIV ACCOUNTING PO BOX 110463 & COLLECTIONS UNIT JUNEAU AK 99811 -0463 CHRIS CREDITOR 626 CIRCLE AVENUE ANCHORAGE AK 99508 -1234 3AN -08 -333 CI DEPT OF REVENUE PFD DIV ACCOUNTING & COLLECTIONS UNIT PO BOX 110463 JUNEAU AK 99811 -0463 Postage: $ xxxx X CIV -503 ( 3/18 ) 8 SAMPLE INSTRUCTIONS TO PROCESS SERVER FOR SERVING WRIT OF EXECUTION PROCESS SERVER Peerless Process Court Case No. 3AN -92-333 CI Plaintiff Chris Creditor Defendant Donald Debtor Attorney Firm/Person Requesting Service Chris Creditor Phone Number 243 -xxxx Contact Person Chris Creditor Mail Address 626 Circle Avenue, Anchorage 99508 Street Number, Box Number City ZIP INFORMA TION ABOUT THE DEBTOR Debtor's Name Donald Debtor Date of Birth 3/16/48 SSN 123 -45-6789 ID/Driver's Lic. No. State Home Address City Home Phone Work Phone Name of Employer Work Location City Additional Information INSTRUCTIONS FOR SERVING WRIT Documents : ● General Writ of Execution (CIV -500) ● Creditor's Affidavit (CIV -505) (if no Notices are being served) Serve Writ on Alaska Department of Revenue Address 550 W. 7 th Avenu e, Suite 100 City Anchorage Phone Directions: INSTRUCTIONS TO PROCESS SERVER RE DEBTOR PACKET The Debtor Packet, per Civil Rule 69(g), includes a copy of the filled -out Creditor’s Affidavit (CIV -505); Notice of Levy (CIV - 510); Claim of Exemptions (CIV -515); and Judgment Debtor Booklet (CIV -511). Updated form s can be downloaded at www.courts.alaska.gov/forms/index.htm . Creditor will provide Debtor Packet to process server for service. Creditor will serve Debtor Packet by certified mail. No Debtor Packet is required because either the PFD is the only it em being seized or the debtor is a corporation. CIV -560 ( 8/10)(cs) INSTRUCTIONS TO PROCESS SERVER FOR SERVING WRIT OF EXECUTION