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Judgment Creditor's Affidavit of Diligent Inquiry

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JUDGMENT CREDITOR'S AFFIDAVIT OF DILIGENT INQUIRY

IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA

AT

Plaintiff(s),

CASE NO.

vs.

Defendant(s).

JUDGMENT CREDITOR’S AFFIDAVIT OF DILIGENT INQUIRY

, judgment creditor, states upon oath or affirmation under penalty of perjury that:

1. A judgment was entered against (judgment debtor) on (date) , in the sum of $ .

2. Pursuant to a writ of execution,

the following money was seized from sources listed on a Creditor's Affidavit dated :

Amount Date Seized

the following earnings were seized by garnishment:

Amount Date Seized Employer

This money is being held by the court.

3. I attempted to serve the Notice to Debtor packet required by the Alaska Exemptions Act [AS 09.38.080(c), .085 and .500(14)] as follows:

[Note: You must mail the packet both by certified mail and separately by first class mail.]

a. I sent the notice to the debtor at the debtor’s last known address located at:

(1) by certified mail, restricted delivery, return receipt requested, on . It was returned unserved because (attach returned envelope)

-AND-

(2) also, separately, by first class mail (not certified mail) on Result (attach envelope if returned):

b. Personal service by a process server which was returned unserved because (attach return):

4. In addition to the above, in order to fulfill my obligation to diligently inquire as to the debtor's whereabouts and to serve notice on the debtor, I did the following (check only the boxes that apply):

[Note: For more information about how to do the searches below, see the Judgment Creditor’s Booklet (CIV-550).]

a. I wrote to and/or questioned debtor's friends and family:

Persons Contacted Relationship Results

b. I wrote to and/or questioned debtor's current and previous employer(s):

Employers Contacted Results

c. I checked telephone directories and Polk city directories (available at the library), and called telephone information as follows:

Directories Checked Results

d. I used a locate-and-research company (such as Accurint and Ingens) to find the debtor:

Companies Contacted Results

e. I conducted people-finder research on the Internet:

Websites Researched Results

f. I checked Facebook and/or other online social networks with these results:

g. I checked with motor vehicle registrars in (cities): with the following results:

h. I called utility companies as follows:

Companies Contacted City Results

i. I searched property tax listings as follows:

Communities Searched Results

j. I searched the Alaska Court System’s trial court records online to find any cases involving the debtor. Then I went to the courthouse to check the file(s) for a current address and found the following:

k. I searched court records outside of Alaska with the following results:

Location of Courts Results

l. I searched recorded or filed documents at:

(1) the Recorder’s Office of the Alaska Department of Natural Resources with the following results:

(2) a recorder’s office outside of Alaska, located in with the following results:

m. I searched business license information at:

(1) the Alaska Division of Corporations, Business, and Professional Licensing with the following results:

(2) other local and state agencies outside of Alaska with the following results:

n. I believe the debtor may be in the military. Therefore, I contacted the following military locator service(s):

Air Force: (210) 565-2660
Army: (888) 276-9472
Navy: (866) 827-5672
Marines: (703) 784-3942 or (800) 268-3710
Coast Guard: (866) 772-8724

with the following results:

o. Other:

5. I believe other methods of service may be more likely to give the absent party notice (publication in a print or online newspaper, e-mail, posting on the absent party’s social network account, physically posting on the front door of an absent party’s place of residence, any other appropriate methods). Therefore, I did the following:

After completing all of the inquiries listed above, I do not know the whereabouts of the debtor, and I do not know of any other sources of information through which I can learn the whereabouts of the debtor.

Date

Signature of Judgment Creditor

Print or Type Name

Address of Judgment Creditor

Subscribed and sworn to or affirmed before me at , Alaska on (date)

(SEAL)

Clerk of Court, Notary Public, or other person authorized to administer oaths.

My commission expires:

Enter text

What the Judgment Creditor's Affidavit of Diligent Inquiry Is

A Judgment Creditor's Affidavit of Diligent Inquiry is a sworn statement a judgment creditor prepares to document efforts made to locate assets or income of a judgment debtor. The affidavit lists searches, contacts, and public records examined, and supports post-judgment collection steps such as garnishment, execution, or levy. Courts and clerks use the affidavit to assess whether the creditor exercised reasonable diligence before certain enforcement actions; its form and evidentiary weight vary by jurisdiction and by court procedures.

Why this affidavit matters for collection and court oversight

The affidavit creates a contemporaneous record of your asset‑search efforts and demonstrates good‑faith diligence to the court, which can affect whether enforcement relief is granted. It also helps limit disputes over sufficiency of search efforts and preserves a clear audit trail for later proceedings.

Why this affidavit matters for collection and court oversight

Who prepares and relies on this affidavit

Typical users prepare or file the affidavit when pursuing post‑judgment remedies and when courts or opposing parties require proof of diligence.

  • Judgment creditors and their attorneys preparing enforcement filings and requests for garnishment or writs.
  • Collection agents and process servers documenting outreach and public‑record searches in support of execution.
  • Clerks, judges, and opposing counsel who review the affidavit as evidence of reasonable diligence.

Tailor the affidavit to the court's local rules; attach supporting records such as search logs, call notes, and public record printouts.

Core sections every professional affidavit should include

A complete affidavit organizes the inquiry chronologically and evidences methods used, results, and the declarant's authority to swear to the facts.

Caption

Case caption and court identification showing judgment creditor, debtor, case number, and docket entry to which this affidavit relates.

Declarant Details

Name, title, employer or attorney firm, contact information, and statement of role or authority to conduct inquiries and make the affidavit.

Search Methods

Specific list of databases, public records, registries, and third‑party sources used (for example, county recorder, DMV, UCC, bank subpoena review).

Contacts Made

Names, dates, methods, and outcomes of calls, emails, certified letters, or service attempts made to locate the debtor or assets.

Results Summary

Clear statement of findings, including positive identifications, negative results, and items requiring further action or subpoena.

Oath and Signature

Sworn attestation language, signature block, date, and required notarization or witness information per local rule.

Stepwise procedure to complete and file the affidavit

Follow a consistent sequence: collect evidence, complete the affidavit, obtain required authentication, and file with the appropriate clerk or agency.

  • 01
    Gather Evidence: Compile search reports, call logs, and mail records.
  • 02
    Draft Affidavit: Populate caption, declarant details, and chronological entries.
  • 03
    Authenticate: Sign under oath before notary or follow state RON rules.
  • 04
    File/Serve: File with court clerk and serve opposing parties as required.

How to set up a digital workflow for this affidavit

Configure an online template to capture structured entries and attach supporting files for consistent, auditable submissions.

Field Configuration
Case Caption Field Required text field, auto-fill from case intake
Date Fields Enforce MM/DD/YYYY validation
Attachment Slot Allow PDF/image uploads, limit 25 MB
Notary Step Conditional step for RON or in‑person notarization

Digital signing and eSubmission considerations

Confirm that your eSignature provider supports audit trails, optional strong signer authentication, and any required BAA or compliance addenda.

  • Audit Trail: Timestamps and IP capture
  • Authentication: Email, SMS, or KBA
  • Notary Support: RON session capability

Ensure the platform can produce a tamper‑evident PDF and a certificate of completion showing signer attribution and timestamps; verify local court acceptance of eFiled or electronically signed affidavits.

Where to file or submit the completed affidavit

The usual path is to attach the affidavit to a post‑judgment enforcement motion or to file with the court clerk and serve opposing counsel according to local rules.

  • Clerk Filing: File as a supporting affidavit to an enforcement motion
  • E‑File: Submit via the court's electronic filing system when available
  • Service: Serve opposing party per service rules
  • Record Attachments: Attach search reports and proof of attempts

Timing and processing expectations

Timing varies by jurisdiction; file promptly after completing diligent inquiry to preserve enforceability and to align with any statutory collection windows.

Immediate Filing:

File as soon as reasonable inquiry is complete

Service Deadlines:

Follow local rules for serving post‑judgment documents

Court Processing:

Clerk review times vary by county and workload

RON Session Retention:

Retain audio‑visual record per notary rules

Follow‑up Actions:

Initiate garnishment or execution without unnecessary delay

Key milestones after completing your inquiry

Track milestones from inquiry completion through enforcement to ensure timely steps and preserve evidence of diligence.

01

Inquiry Complete

Record the completion date and assemble attachments

02

Affidavit Sworn

Sign under oath and notarize or RON

03

File with Court

Submit affidavit with enforcement motion

04

Enforcement Action

Request garnishment, levy, or other remedies

Common preparation pitfalls to avoid

  • Vague search descriptions such as 'checked online' without naming sources or dates reduce evidentiary weight in court.
  • Failing to attach supporting records like certified mail receipts, search prints, or subpoena returns undermines the affidavit's credibility.
  • Signing before notarization or not complying with RON procedures can lead to rejection by the clerk or opposing party.
  • Using inconsistent party names or case numbers between the affidavit and court docket can result in misfiling or delays.

Legal risks and consequences of false or faulty affidavits

Perjury Risk: Criminal penalties possible
Sanctions: Court may impose monetary sanctions
Rejection: Clerk may refuse unacceptable filings
Delay: Enforcement may be postponed
Contested Evidence: Credibility of inquiry can be challenged
Civil Liability: Potential for damages claims

Practical examples of how organizations use the affidavit

Real‑world adaptations show how the affidavit supports efficient enforcement while meeting court evidentiary expectations.

Martin Properties

A property manager documented searches of county tax and recorder records to locate a debtor's rental unit.

  • The affidavit listed dates and attachments from the recorder's office.
  • The clear timeline and attached search printouts reduced contested discovery and expedited a writ of garnishment in the county court.

BIS Legal Team

An in‑house legal team used a template to log creditor inquiries to financial institutions and service attempts.

  • The template included notary and RON options.
  • By providing organized records and a sworn affidavit, the team demonstrated due diligence and shortened motion practice timelines.

Security, compliance, and evidence preservation elements

Encryption: AES-256 at rest
In-Transit: TLS 1.2/1.3
Authentication: Email, SMS, or stronger methods
Audit Trail: Timestamped activity log
Regulatory Compliance: ESIGN and UETA alignment
HIPAA Support: BAA available when required

eSignature vendor comparison for affidavit execution and notarization

Basic pricing and core capabilities to consider when choosing a platform for preparing, signing, and notarizing affidavits.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about the affidavit and eSigning

Practical answers to common concerns about enforceability, notarization, attachments, and electronic execution of the affidavit.


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