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Judgment Debtor Booklet

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JUDGMENT DEBTOR BOOKLET

Keep this booklet for future use.

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.

November 2012

ALASKA COURT SYSTEM

This booklet and most of the forms mentioned in it are available on the court system’s website: www.courts.alaska.gov/forms.htm

INTRODUCTION

Attention Debtor:

If the creditor has NOT already seized the property listed in the enclosed creditor’s affidavit, you need to keep this booklet and the claim of exemptions form until your property is taken so you can claim your exemptions at that time.

If the creditor has already seized the property listed in the enclosed creditor’s affidavit, you need to file any claim of exemptions right away. You also need to keep this booklet and a copy of all the forms you received for at least 45 days in case the creditor seizes more of your property. If additional property listed in the enclosed creditor’s affidavit is seized within 45 days, the creditor is not required to send you additional booklets or notices.

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 can find the statutes online at www.legis.state.ak.us/basis/folio.asp. You may also want to read Civil Rule 69 in the Alaska Rules of Court. Civil Rule 69 is also online at: www.courts.alaska.gov/civ2.htm#69.

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 20, may be helpful to you.

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.

Exception: The creditor is not required to send you additional notices or documents for a second or subsequent seizure if (1) you were already served notice once within the past 45 days, and (2) the creditor’s affidavit described the property that was seized by the second or subsequent seizure.

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.

2. Then look at the Exemptions section of this booklet, beginning on page 4, to see if you may claim that any of the property is "exempt."

3. If the property has already been seized, fill out the CLAIM OF EXEMPTIONS form which is attached to the NOTICE. If the property has not yet been seized, you may want to wait to fill out the CLAIM OF EXEMPTIONS form until you know exactly what has been seized. If you file your claim before anything has been seized, the court may not be able to decide your claim.

4. File this CLAIM OF EXEMPTIONS form with the clerk of court at the address shown on the NOTICE within 15 days of the date your property was seized. (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 your property was seized.)

Note: If another seizure of property listed on the CREDITOR’S AFFIDAVIT occurs within the next 45 days, you may not receive another one of these notices but you will still have the right to claim exemptions.

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 the hearing to another city more convenient to you.

D. THINGS TO REMEMBER

1. You must file your CLAIM OF EXEMPTIONS with the court within 15 days after your property is taken.

2. It is not enough to notify the creditor or the creditor's attorney of your claim, you must file your claim with the court.

3. If you do not file your claim within 15 days or if you do not attend the hearing (if there is one) on your claim, the court may decide you have given up your right to the exemptions.

E. CAN SOMEONE ELSE CLAIM YOUR EXEMPTIONS FOR YOU?

If you fail to claim your exemptions, your spouse or a dependent or any other person authorized by law (for example, a guardian) may claim your exemptions for you or assert the rights provided in the exemptions law. Note: At the hearing on the claim of exemptions, the court may require that you (judgment debtor) be present since court rules state that no one except you or your attorney can represent you in court.

If neither you, nor your spouse, nor anyone else claims your exemptions for you, then the property listed on the CREDITOR'S AFFIDAVIT can be sold to pay the judgment against you. Even exempt property can be sold if you have not claimed the exemption.

F. DOES IT COST ANYTHING TO DELAY PAYING THE JUDGMENT?

Yes. You will be charged interest from the date of the judgment until you pay it. (The interest rate is usually stated in the judgment.) You will also be charged for the judgment creditor's costs in trying to enforce the judgment. For example, if the creditor has to get a WRIT OF EXECUTION from the court to seize your property because you did not pay the judgment voluntarily, the creditor will have to pay a process server to serve the WRIT on whoever holds your property. If anything is seized, the creditor will also have to have the NOTICE OF LEVY and other papers served on you. These costs of service will be added to the judgment against you. Also, the costs of storing the property until it is sold and the costs of conducting the public sale will be added to the judgment.

You should also be aware that property sold at this type of public sale may not bring as high a price as it would if you sold it privately.

G. NONRESIDENT EXEMPTIONS.

If you are not an Alaska resident, you are not entitled to the exemptions provided in the Alaska Exemptions Act. Instead, you are entitled to claim the exemptions provided by the laws of your state of residence. You are also, of course, entitled to claim the exemptions provided by federal law. The term "resident" means an individual who is physically present in the state and who intends to maintain his/her permanent home in Alaska. AS 09.38.120.

II. EXEMPTIONS

An "exemption" is a right to protect your property from being taken from you to pay your debts. State and federal laws define the types of property for which you may claim an exemption. It is very important to remember that these laws require you to ask for the exemptions before you can be given them. If you do not claim the exemptions, you will lose them.

The following are some of the main exemptions you should know about. The exemptions are listed in alphabetical order. Along with an explanation of each exemption, there is a reference to the statute which creates the exemption.

References to Alaska laws begin with the letters "AS" for "Alaska Statutes."

References to federal laws include the letters "USC" for "United States Code" and “CFR” for the “Code of Federal Regulations.”

There are also some references to Alaska Administrative Code regulations on exemptions. These references include the letters "AAC" for "Alaska Administrative Code."

If you want to read these laws, you can find them in the State Law Library in Anchorage, in the court libraries at some 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.courts.alaska.gov

The following list may not contain all the possible exemptions that exist. Although the list includes all the major Alaska and federal exemptions, there may be others. If you have questions about these exemptions or want to know if there are other exemptions which might help you, you are urged to seek the advice of a lawyer.

1. Adult Public Assistance. See #55, Welfare Benefits.

2. Alimony. Money or property received for alimony or separate maintenance may be treated as income or "liquid assets." See #12c.

3. Annuities. For annuity contracts that have not yet matured, see #26, Life Insurance Policies and Annuity Contracts. Once you begin receiving payments from an annuity contract, the payments may be treated as income or "liquid assets." AS 09.38.030(e)(5). See #12c.

4. ATAP (Alaska Temporary Assistance Program). See #55, Welfare Benefits.

5. Automobiles. May be partly exempt. See #40.

6. Books. Partly exempt. See #40.

7. Building Materials. If you have furnished the material for the construction, alteration or repair of a building or other improvement, these furnished materials are exempt from execution except when the debt arises from the purchase price of these materials. AS 34.35.105.

8. Burial Plot. A burial plot for yourself and your family is entirely exempt. AS 09.38.015. See definition of "burial plot" in the Glossary. Land held by a cemetery association for use as a cemetery is also exempt. AS 10.30.060 and .120. Note: You may not claim this exemption if you are holding your cemetery lot with the intention of selling it for profit. AS 10.30.120.

9. Child Support. Child support collections made by the Child Support Services Division are exempt while the money is held by CSSD. AS 09.38.015. However, when CSSD pays the money to the person to whom it is owed, the money is no longer exempt. It might, however, be partly or wholly protected by the income or liquid asset exemption described in #12c. Also, automatic payroll deductions for child support sent by a person's employer to the court are exempt. AS 25.24.160(a)(1).

10. Clothes. Partly exempt. See #40.

11. Crime Victims Reparations. An award under a crime victim's reparations act is entirely exempt. AS 09.38.015 See, however, section III on page 18 about Claims Enforceable Against Exempt Property.

12. Earnings, Wages, Salary, Benefit Payments, Other Income, Cash on Hand or in a Bank, etc.

There are two different exemptions for this money: (a) the regular earnings exemption and (b) the liquid assets exemption. You may be eligible for either one of these two exemptions, but not both.

Note: You will not be eligible for either of these exemptions if the judgment against you is for child support, the payment of an employee's wages (up to one month's earnings), state or local taxes, or payment to a victim of a crime or delinquent act committed by you. AS 09.38.030(c) and AS 09.38.065(a)(1) and (a)(3). See sub-paragraph e. for an explanation of this. Also see Section III on page 18. You will also not be eligible for these exemptions if the creditor's claim is enforceable under an order of a federal bankruptcy court under 11 USC §§ 1301-1330 (Bankruptcy Reform Act of 1978). AS 09.38.030(c)(2).

a. Regular earnings exemption.

You are eligible for this exemption if you receive "earnings" either weekly, twice a month or monthly. "Earnings" means money received for personal services, including wages, salary, commissions, etc.

If you receive money for personal services on a regular basis as described above, the following part of your earnings is exempt (protected from seizure): $473 per week or 75% of your weekly disposable earnings, whichever is more. AS 09.38.030(a), 8 AAC 95.030 and 15 USC § 1673. "Disposable earnings" means the money left after subtracting any amounts required by law to be withheld. 15 USC § 1672.

Note: This exemption may be increased to $743 per week if you give the court an affidavit stating, under penalty of perjury, that your earnings alone support your household. AS 09.38.050(b) and 8 AAC 95.030. See form CIV-531.

Also Note: Federal law prohibits employers from discharging any employee because the employee's earnings have been garnished for any one indebtedness. 15 USC § 1674.

b. Liquid Assets Exemption.

You are eligible for this exemption if you do not receive earnings weekly, twice a month or monthly. That means you are eligible for the liquid asset exemption if you receive earnings on an irregular basis, or if you do not receive earnings at all, but do receive other payments (like interest or dividends or government benefits).

If you do not receive earnings weekly, twice a month, or monthly, you are entitled to an exemption of $1,890 for the total value of any cash or other liquid assets available to you in any month. AS 09.38.030(b) and 8 AAC 95.030. "Liquid assets" includes deposits, securities, notes, drafts, accrued vacation pay, refunds, prepayments and receivables, but does not include Alaska Permanent Fund dividends.

Note: This exemption may be increased to $2,970 if you give the court an affidavit stating, under penalty of perjury, that your earnings alone support your household. AS 09.38.050(b) and 8 AAC 95.030.

c. Items Treated as Earnings, Income or Liquid Assets.

AS 09.38.030(e) states that the following are other items which will be treated as earnings, income, cash or other liquid assets when they are in your possession:

1) Benefits paid by reason of disability, illness or unemployment;

2) Money or property received for alimony or separate maintenance;

3) Proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury to you or the wrongful death or bodily injury of another individual of whom you were or are a dependent;

4) Proceeds or benefits paid or payable on the death of an insured, if you were the spouse or a dependent of the insured; and

5) Amounts paid under a stock bonus, pension, profit sharing, annuity, or similar plan or contract, providing benefits by reason of age, illness, disability, or length of service.

d. Increased Exemption for Injury or Disability Payments.

If you have money you obtained as payment for an injury or disability, you may ask the court to increase the exemption amounts described in paragraphs a. and b. above. You will have to give the court affidavits or offer sworn testimony in support of your request as required by the court. The court will determine the exemption amount after considering your responsibilities and all your present and anticipated property and income. AS 09.38.050(a).

e. Earnings Exemption If Debt Is For Child Support, Employee Wages or State or Local Taxes.

If the judgment against you is for child support, employee wages, state or local taxes, or payment to a victim of a crime or delinquent act committed by you, there is no "liquid asset" exemption. You may, however, be able to claim an exemption for part of your regular earnings as described below.

f. For Fishermen's and Seamen's Wages, see #46.

g. Earnings of Nonresidents.

If you are not a resident of Alaska, the above exemptions are not available to you. Instead, the limitations on garnishment imposed under 15 USC § 1673 apply.

h. Money in Prisoner Accounts.

If you are being held in a correctional facility and have money in an account at that facility, all the money in the account can be seized to pay certain debts.

13. Escrow Accounts. Money held in an escrow account under AS 06.60.360 is exempt.

14. Federal Judicial Survivor's Annuity. If you are the widow, widower or surviving child of a federal judge and are receiving annuity payments from the Federal Judicial Survivors' Annuity Fund, this annuity is exempt.

15. Fishermen's Wages. See #46.

16. General Relief Assistance. See #55, Welfare Benefits.

17. Health Aids. Health aids reasonably necessary to enable you or a dependant to work or to sustain health are exempt.

18. Heirlooms. Family heirlooms may be partly exempt. See #40.

19. Homes. See #20, Homestead.

20. Homestead.

a. State Homestead Exemption

You are entitled to an exemption of up to $72,900 for your equity in property in Alaska used as your "principal residence." Note: This definition includes mobile homes and other similar dwellings. If you have more than $72,900 equity in your home, it may be sold as described below.

If you have an equity in excess of $72,900, your residence may be offered for sale by public auction after advertisement of the time and place of the sale. For 60 days after such a sale, you can repurchase your home by paying the clerk of court the costs of the levy and the sale plus the lesser of either the difference between the highest bid and the amount of your exemption in the property, or the amount of the creditor's claim.

b. Federal Homesteads.

The federal homestead exemption is quite different. It applies to land being homesteaded under the federal homestead laws.

c. Native Allotments. See #35.

21. House or House Trailer or Mobile Home. See #20, Homestead.

22. Household Goods. Partly exempt. See #40.

23. Health Insurance Proceeds. See #31, Medical Benefits, and #24, Insurance Proceeds.

24. Insurance Proceeds.

As stated in #31, benefits paid or payable for medical, surgical or hospital care to the extent they are or will be used to pay for the care are completely exempt.

However, if you receive insurance proceeds as a result of bodily injury to yourself or as a result of the wrongful death or bodily injury of someone of whom you are a dependent and the proceeds do not fit within the medical benefits exemption, then upon your receipt of these proceeds, they become "liquid assets" as described in #12c.

If you receive proceeds from a life insurance policy, the proceeds are also "liquid assets."

25. Jewelry. Partly exempt. See #40.

26. Life Insurance Policies and Annuity Contracts.

Unmatured life insurance and annuity contracts owned by you are exempt except for any accrued dividends and loan values exceeding $500,500.

27. Limited Entry Permits. Limited entry permits granted under AS 16.43 are exempt except as provided in AS 16.43.170(g) and 16.43.945.

28. Liquor Licenses. Liquor licenses are entirely exempt.

29. Longevity Bonus Payments. Alaska longevity bonus payments paid or payable are entirely exempt.

30. Longshore and Harbor Workers. Compensation or benefits due or payable under the Longshore and Harbor Workers’ Compensation Act are exempt from all claims of creditors.

31. Medical Benefits. Benefits paid or payable for medical, surgical or hospital care to the extent they are or will be used to pay for the care are exempt.

32. Military Annuity. An annuity payable under the "Retired Serviceman's Family Protection Plan" is exempt.

33. Money. See #12.

34. Musical Instruments. Partly exempt. See #40.

35. Native Allotment. If you are an Alaska Native and have received land as a native allotment under a restricted deed from the federal government, this land is exempt.

36. Native Corporation Stock. The stock of Native Regional Corporations and Native Village Corporations created under ANCSA is exempt from execution.

37. Partnership Property. If the debtor is an individual person who also happens to have an interest in a partnership, the partnership property is exempt from execution to collect the debts of that individual debtor.

38. Pensions. See #44, Retirement Benefits.

39. Permanent Fund Dividend. Twenty percent of the annual permanent fund dividend payable to an individual is exempt from execution.

40. Personal Property Subject to Value Limits.

The following property is partially exempt:

a. Up to $4,050 worth of household goods, clothes, books, musical instruments, family portraits and heirlooms.

b. Up to $1,350 worth of jewelry.

c. Up to $3,780 worth of professional books and tools of your trade.

d. Up to $1,350 for pets.

e. Up to $4,050 for one motor vehicle if the full value of the motor vehicle does not exceed $27,000.

41. Pets. Partly exempt. See #40.

42. Portraits. Family portraits may be partly exempt. See #40.

43. Public Corporation Property. If a judgment is against a borough, city or other public corporation, no writ of execution may be issued on the judgment.

44. Retirement Benefits.

a. State Law. Pension or retirement plan payments become part of your income or "liquid assets" when you receive them. However, your interest in a retirement plan and the amounts held on your behalf in such a plan are exempt while held in the plan.

b. Federal Law. There are federal laws protecting many retirement, pension and annuity programs for federal employees and others.

45. Salary. See #12.

46. Seamen's and Fishermen's Wages. Wages due or accruing to any master or seaman or to an individual employed on a fishing vessel or fish processing vessel are exempt, except for support and maintenance of spouse or minor children.

47. Senior Benefits. Benefits paid or payable under the Alaska Senior Benefits Payment Program are exempt.

48. Social Security. Money paid or payable under the federal Social Security system is exempt.

49. Tools of Trade. Partly exempt. See #40.

50. Tracing. Property Traceable to Other Exempt Property.

If any of the following exempt property has been taken or sold by condemnation or has been lost or damaged or destroyed and you have been indemnified for it, you are entitled to an exemption for proceeds that are traceable for 12 months after you receive the proceeds:

a. Up to $72,900 for a residence which could have been claimed as an exempt homestead.

b. A burial plot.

c. A health aid.

d. Up to $4,050 for household goods, clothes, books and musical instruments.

e. Up to $3,780 for implements, professional books and tools of your trade.

51. Tuition Credit or Savings Accounts. Tuition credit or savings accounts under a higher education savings account or an advance college tuition savings contract are exempt.

52. Unemployment Benefits. While these benefits are held by the state, they are exempt. Upon your receipt of these benefits, they become income or "liquid assets."

53. Veterans' Benefits. Payments of benefits due under any law administered by the federal Veterans' Administration are exempt.

54. Wages. See #12.

55. Welfare Benefits.

The following benefits from the State of Alaska may be partly or entirely exempt:

a. General Relief Assistance.

b. Alaska Temporary Assistance Program.

c. Adult Public Assistance.

56. Workers' Compensation Benefits. If you receive payments under the Alaska Workers' Compensation Act, then upon your receipt of these payments, they become "liquid assets" as described in #12c.

III. CLAIMS ENFORCEABLE AGAINST EXEMPT PROPERTY

Alaska Statute 09.38.065(a)(1) states that, notwithstanding other provisions of AS 09.38, a creditor may make a levy against exempt property of any kind to enforce a claim for child support, unpaid earnings of up to one month's compensation, or state or local taxes.

Alaska Statute 09.38.065(a)(3) states that a creditor may make a levy against exempt property of any kind to enforce the claim of a victim if the claim arises from conduct of the debtor that results in a conviction of a crime or an adjudication of delinquency, subject to certain limits.

Note Re Limited Entry Permits. The AS 09.38.065 authorization to execute against “exempt property of any kind” does not apply to commercial fishing privileges granted under AS 16.43, including limited entry permits.

IV. FEDERAL REGULATIONS FOR PROTECTING ACCOUNTS WITH FEDERAL BENEFIT PAYMENTS

In May of 2011, new federal regulations went into effect requiring banks to identify electronic deposits of federal benefits and protect from garnishment those benefits that were deposited into your account in the two months before the levy.

V. GLOSSARY

Many of the definitions in this Glossary come from Alaska Statute 09.38.500.

Affidavit: a written statement sworn to before a person officially permitted by law to administer an oath.

Burial Plot: a parcel of real estate that is used for burial of human remains and that is located within an area designated for cemetery purposes by the state or a municipality.

Certified Copy: a copy of a document or record, signed and certified as a full, true and correct copy by the person to whose custody the original is entrusted.

Creditor: the one who is owed money by the debtor as decided by the court in a judgment.

Debt: a legally enforceable obligation or liability of an individual.

Debtor: the one who owes money to the creditor as decided by the court in a judgment.

Default: happens when a party fails to file an answer to a complaint or does not show up for a trial.

Dependent: an individual who derives support primarily from another individual.

District Court: that court in the court system which can hear cases for the recovery of money when the amount claimed does not exceed $100,000 per defendant.

Earnings: money received by an individual for personal services and denominated as wages, salary, commissions, or otherwise.

Execute: to carry out or enforce.

Execution Procedure: the procedure for carrying out or enforcing a court judgment.

Exempt: protected.

Exempt Property: certain classes of property which the law protects either totally or partially from being taken to pay a debt established by a court judgment.

Exemption: protection from subjection to process or a proceeding to collect an unsecured debt.

Household Goods: includes those items that make a residence habitable according to modern standards.

Judgment: the final decision of a court in a case.

Judicial Lien: a lien on property obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding instituted for the purpose of collecting an unsecured debt.

Levy: the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt.

Lien: a security interest, judicial or statutory lien, or other interest in property securing payment of a debt or performance of an obligation.

Motion: a request that a judge make a ruling or take some other action.

Principal Residence: the actual dwelling place of an individual or dependents of the individual and includes real and personal property.

Resident: an individual who is physically present in the state and who intends to maintain a permanent home in Alaska.

Return of Service: a certificate signed by a peace officer or process server stating whether or not he/she delivered the order or writ the court directed him/her to deliver.

Security Interest: an interest in property created by contract to secure payment or performance of an obligation.

Serve Notice: to deliver legal documents to a person notifying the person of certain required information.

Small Claims: a type of case heard in district court for the recovery of money or property when the amount claimed does not exceed $10,000.

Statutory Lien: a lien arising by force of a statute under specified circumstances or conditions.

Superior Court: that court in the court system which can hear cases for the recovery of money in any amount.

Tort: a private or civil wrong other than a breach of contract.

Value: fair market value of an individual's interest in property, exclusive of liens of record.

Wearing Apparel: clothing and garments intended and adapted to be worn on the person.

Writ: a court order requiring that something be done outside the courtroom or authorizing it to be done.

Writ of Execution: an order issued by a court stating the amount of money the debtor owes the creditor and directing a peace officer or process server to take the property of the debtor in order to pay that amount.

Writ of Execution for Garnishment of Earnings: a court order served on debtor's employer requiring the employer to send part of the debtor's earnings to the court each payday.

This booklet is maintained by the Forms Office of the Alaska Court System.

To suggest changes in the booklet, please contact:

Office of Court Forms
Alaska Court System
820 West 4th Avenue
Anchorage, AK 99501-2005

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What the Judgment Debtor Booklet Is

The Judgment Debtor Booklet is a structured, court-focused document used after a civil judgment to collect information about a judgment debtor's assets, income, and contact details. It organizes case identifiers, creditor demands, and statements under oath so courts or enforcing parties can evaluate collection options such as wage garnishment, bank levies, or property liens. The booklet often accompanies post-judgment discovery tools and can be produced to the court, served on the debtor, or used by counsel during enforcement proceedings.

Why the Booklet Matters for Post‑Judgment Enforcement

A Judgment Debtor Booklet centralizes verification of assets and liabilities, helping enforcement efforts proceed without repeated ad hoc requests. Proper completion reduces delays and supports admissible evidence in court.

Why the Booklet Matters for Post‑Judgment Enforcement

Who Completes or Receives the Booklet

The booklet is completed by or served on the judgment debtor and reviewed by the judgment creditor, their attorneys, or the court.

  • Judgment creditors, in-house counsel and collection agencies who must document debtor assets for enforcement actions.
  • Judgment debtors required by court order to disclose finances and property under oath.
  • Court personnel and clerks who record responses, verify compliance, and schedule enforcement proceedings.

Step‑by‑Step: Completing the Judgment Debtor Booklet

Follow these ordered steps to prepare, verify, sign, and file the booklet so it meets court expectations and supports enforcement.

  • 01
    Collect case details: Enter court name, case number, and judgment date.
  • 02
    Provide debtor identity: List full legal name, aliases, SSN/TIN last four where allowed.
  • 03
    List assets: Disclose bank accounts, vehicles, real property, and investment accounts.
  • 04
    Sign under oath: Debtor signs and dates; attach notarization if ordered.

How to Configure a Digital Workflow for the Booklet

Set up a repeatable e-filing workflow to collect answers, capture signatures, and store an audit trail for court compliance.

Field Configuration
Case Metadata Auto-populate court name, case number, judgment date
Required Fields Mark debtor identity and asset sections as mandatory
Authentication Use email+SMS or higher assurance where ordered
Audit Trail Enable timestamp, IP capture, and signed certificate

Typical Post‑Judgment Collection Flow

This sequence shows the usual path from serving the booklet to taking enforcement steps based on responses.

  • Prepare booklet: Populate case and creditor details for service.
  • Serve debtor: Deliver per court rules: personal service or electronic if allowed.
  • Receive responses: Collect signed booklet and verify statements.
  • Enforce remedies: Proceed with garnishment, levy, or contempt if necessary.

Digital Platform and File Requirements

Choose a platform that captures signatures, timestamps, and produces a tamper-evident PDF for court submission.

  • File formats: PDF, DOCX
  • Authentication: Email or SMS code
  • Audit data: Timestamps and IP

Comparing eSignature Options for the Booklet

Summary pricing and feature availability for common eSignature vendors; signNow is listed first per platform comparison guidelines.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Trial / Envelope Cap 7-day trial; no cap Varies; 100 envelopes/user/yr Varies; varies Varies; varies Varies; varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Essential Sections to Include in a Professional Booklet

A complete booklet groups identity, judgment, asset, and verification details so responses are clear and court‑ready.

Case Information

Court name, case number, judgment date, and presiding judge to tie the booklet to the underlying judgment.

Creditor Details

Name, address, counsel contact and judgment amount to identify the enforcing party and relief sought.

Debtor Identity

Full legal name, aliases, DOB and last four of SSN where permitted to verify identity.

Asset Disclosure

Bank accounts, vehicles, real property, investments, and other assets with locations and approximate values.

Income Sources

Employment, self-employment, benefits, pensions and periodic income that may be subject to garnishment.

Verification & Signature

Signed declaration under oath, date, and notarization or witness section as ordered by the court.

Practical Tips for Accurate and Efficient Completion

Adopt consistent practices to reduce objections, preserve admissibility, and shorten enforcement timelines.

Use verified data sources
Confirm bank and property information against statements, county records, and public filings before submitting to the court.
Avoid ambiguous language
Provide precise amounts, dates, and locations; vague terms invite follow-up motions and delay enforcement.
Keep a complete audit trail
Record service attempts, signed copies, and any corrections to establish chain of custody and compliance.
Coordinate with local counsel
State and county practices differ; local counsel can prevent procedural defects that undermine enforcement.

Common Preparation Mistakes to Avoid

  • Incomplete account identifiers that prevent banks from executing levies and produce follow-up motions.
  • Using unverifiable estimates for asset values instead of attaching supporting statements or records.
  • Failing to notarize or obtain required witness signatures when the court order mandates them.
  • Serving the booklet improperly under local rules, resulting in defective service and delayed enforcement.

Consequences of Incorrect or Late Booklet Responses

Contempt Exposure: Possible court sanctions
Monetary Fines: Fines or award of costs
Delayed Enforcement: Additional hearings required
Civil Liability: Claims for false statements
Default Judgment Risk: Adverse inferences applied
Tax Withholding: Backup withholding triggers

Frequently Asked Questions About the Booklet

Answers below address common procedural, signature, and filing questions related to Judgment Debtor Booklets.


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