CIV -550 ( 11/18 )(yellow cvr)
EXECUTION
PROCEDURE
JUDGMENT CREDITOR
BOOKLET
See Booklet CIV -503 For Instructions
About Executing On The Alaska
Permanent Fund Dividend
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 201 8
ALASKA COURT SYSTEM
This booklet and most of the forms mentioned in it are available
on the court system’s website at :
http://courts.alaska.gov/forms/index.htm
© Copyright 1984, 1985, 1986, 1988, 1989, 1990, 1991, 1993, 2000, 2001, 2002, 2004 , 2006 , 2007 , 2008 ,
2009 , 2010 , 2012 , 2013 , 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 -550 ( 11/18 )
JUDGMENT CREDITOR BOOKLET i
TABLE OF CONTENTS
Page
Introduction ................................ ................................ ................................ ............... ii
I. Brief Outline of Execution Procedure ................................ ........................... 1
II. Execution Procedure ................................ ................................ ...................... 2
A. Executing on Debtor's Earnings ................................ ....................... 4
B. Executing on Debtor's Property ................................ ...................... 10
C. Executing on Certain Kinds of Personal Property ........................ 17
D. Judgments to Collect Specific Personal Property ......................... 23
III. Serving Documents ................................ ................................ ..................... 24
IV. How to Locate Debtor's Assets ................................ ................................ ... 29
A. Places to Look ................................ ................................ ................. 29
B. Judgment Debtor Hearing ................................ ................................ 31
C. Formal Discovery Procedures ................................ ......................... 33
V. Other Remedies ................................ ................................ ........................... 34
VI. Creditor's Duty to Acknowledge Satisfaction of Judgment ....................... 36
VII. Other Information ................................ ................................ ....................... 37
VIII. Claims Enforceable Against Exempt Property ................................ .......... 39
IX. Glossary ................................ ................................ ................................ ....... 41
CIV -550 ( 11/18 )
JUDGMENT CREDITOR BOOKLET ii
INTRODUCTION
Execution procedures are complicated. This booklet is a basic explanation of the
steps generally involved. It is not, however, a complete statement of everything
there is to know about how to collect the amount you are owed after you win a
judgment in a court case.
For more information, you may want to read the Alaska Statutes on execution
procedure: 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 s ee if any of the statutes have been amended. You may also want to
read Civil Rule 69 in the Alaska Rules of Court.
You can find the statutes and court rules in the State Law Library at the
Anchorage court, in the court libraries at several other court lo cations, and in
many city libraries. They are also available on the Internet. You can find links to
them on the court system’s website at www.courts.alaska.gov
For more information about the debtor's rights, you should read the JUDGMENT
DEBTOR BOOKLET (CIV -511 ), available at all state courthouses and on the court
system’s website.
You ma y 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 wi thin 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 41, may be helpful to you.
Note: This booklet describes the procedures to be used by general creditors (that
is, creditors who do not have security interests in their debtors' property).
Creditors who have a security interest in particular property owned by the debtor
may have to follow special procedures in e xecuting upon that property if they wish
to assert their rights under the security interest. See AS 09.38.070. Also see
footnote 31 .
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JUDGMENT CREDITOR BOOKLET
I. BRIEF OUTLINE OF EXECUTION PROCEDURE
If you won a judgment and the debtor failed to pay what the debtor owes you
under that judgment, you may use execution procedures to try to collect your
judgment.
Briefly, the most common type of execution procedure works like this:
1. You (the judgment creditor) ask the court for a Writ of Execution.
2. The court issues the Writ of Execution and gives it to a process server
picked by you from an approved list. You will have to pay the court to
issue the writ and t he process server to serve the writ .
3. The process server takes the Writ of Execution and uses it to seize some of
the debtor's property (for example, money in the debtor's bank account).
Note: You have to tell the process server where to find the debt or's
property.
4. The property is placed in storage at your expense by the process server, or
if it is money, it is delivered to the court for safekeeping.
5. Various papers must be served on the debtor to notify the debtor that the
property has been sei zed and that the debtor may have rights which will
allow the debtor to get the property back. These rights are called the
debtor's "exemptions." These papers can be served on the debtor by a
process server or sent to the debtor by certified mail.
6. The debtor has a certain amount of time within which to contact the court
to claim exemptions. If the debtor does so, you will have an opportunity
to oppose it. Then, the court will decide whether to grant the exemptions.
If the debtor does not claim any e xemptions, the property may be sold at
public auction in order to pay you.
As you will see in the following pages, execution procedures are frequently more
complicated than this. Also , depending on the property you want to seize, the
steps may be somewhat different. The above outline should, however, give you a
general idea of the steps involved.
CIV -550 ( 11/ 18) 2
JUDGMENT CREDITOR BOOKLET
II. EXECUTION PROCEDURE
Preliminary Matters
A court case ends with the judge's decision as to who won. The judge's decision will
always be in writing. It is called the " judgment ."
If you win a judgment which says someone owes you money, you are called the
"judgment creditor ." The person who owes the money to you is called the " judgment
debtor ." These terms will be used throughout this booklet, so you should get used to
them.
When you win your judgment, you should ask the judgment debtor to pay you. The
debtor may be willing to pay you but may need some time. If you want to, you can ask
the debtor if he or she would be willing to sign an agreement to make installment
payments to pay off the judgment. The Court System provides a form for this in small
claims cases called the Stipulation For Ins tallment Payments (form SC -18 ).1 Both you
and the debtor must sign it and then it must be approved by the judge. As long as the
debtor makes the payments, you will not be allowed to use execution procedures to
collect the money owed to you. If the debtor fails to make the payments, you can begin
execution procedures. 2
Sometimes you cannot begin execution procedures after winning your judgment. For
example, the debtor may get a " stay of execution" from the court by filing an appeal of
the judgment and posting a supersedeas bond. Note that the debtor's filing of an appeal
will not by itself prevent you from starting execution procedures. In order to stop
execution procedures, the debtor must not only file the appeal, the debtor must also ask
the court for a "stay of execution" of the judgment. Before ordering this "stay," the court
will require the debtor to give the court a bond (called a "supersedeas bond") or make a
cash depos it to assure that the judgment and all costs will be paid if the debtor loses the
appeal. If no bond or cash is posted and no "stay" is ordered, you can proceed with
execution procedures.
Another event which may prevent you from beginning execution proce dures is the
debtor's filing of bankruptcy in federal court. Note that there may be other circumstances
which might prevent or delay you from beginning execution procedures in your particular
case.
If it looks like the debtor is not going to pay you volu ntarily and no "stay of execution"
has occurred, you can begin execution procedures.
1 Parties in formal civil cases can use this form as a guide.
2 To begin execution procedures you will first have to file with the court an affidavit (a sworn written
statement) that the debtor has not complied with your installment pa yments agreement.
CIV -550 ( 11/ 18) 3
JUDGMENT CREDITOR BOOKLET
To Begin Execution Procedures
1. Go to the clerk's office. Tell the clerk you have a judgment and want a WRIT OF
EXECUTION . A writ fee will be charged for each writ issued. 3
2. There is usually a brief waiting period after the judgment is distributed before a
WRIT OF EXECUTION can be issued. You will need to tell the clerk your case number
so the clerk can check the file to see when your judgment was distributed. (This
date is shown at the bottom of the judgment in the clerk's certificate of distribution.)
The clerk can tell you if the required time period has passed.
3. If the required time period has passed, the clerk will then ask you which of th e
following four categories of property you are going to attempt to execute on:
a. debtor's earnings
b. debtor's property (money, some personal property , and real estate)
c. the type of debtor's personal property which is called by the statutes "personal
property subject to value limitations" (household goods, clothes, books,
family portraits and heirlooms of particular sentimental value to the debtor,
jewelry, professional books , tools of trade, pets , and one motor vehicle)
d. debtor's Alaska Permanent Fund Dividend. [Reminder: See booklet CIV -503
for instructions about how to execute on the PFD . There are no instructions in
this booklet about PFD exec utions.]
The clerk needs to know this in order to know which set of forms to give you.
There are different procedures for seizing each of these categories of property.
While deciding what property to seize, you should keep in mind that the process
serve rs in your area may not be willing to seize some types of property because they
do not have safe storage areas available where the property can be protected until it
is sold at public auction. You may want to inquire about this before deciding what
proper ty you want to try to execute upon. You should also ask the process server
about the fees for storing and selling the property if anything other than cash is
seized. Also, check the JUDGMENT DEBTOR BOOK LET to see if the debtor may claim
an exemption for the property you are thinking of seizing.
The first three sections which follow, Sections A, B and C, describe the procedures for
executing upon the first three categories of property listed above. These are the
procedures you must follow if your judgmen t is for an amount of money. Section D on
page 23 explains a fourth kind of procedure, the procedure to follow if your judgment is
for a specific item of personal property rather than for an amount of money.
3 Administrative Rule 9(e)(10).
Executing on Debtor’s Earnings
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JUDGMENT CREDITOR BOOKLET
A. EXECUTING ON DEBTOR'S EARNINGS
If you want to seize the debtor's earnings 4 while they are still in the possession of the debtor's
employer, use the procedure described in this section. If, however, the debtor has already
received the earnings and you want to seize the cash in the debtor's possession or in the debtor's
bank accou nt, use the procedure described in Section B, beginning on page 10 .
Note: Some types of income that appear to be earnings may actually be something else. For
example, a crewman on a fishing boat may in some cases be an independent contractor rather
than an employee. If so, there would be no employer -employee relationship, and the money the
crewman receives might not be considered "earnings." 4 If the money is not "earnings," the
procedure described in Section B s hould be used.
Note About Federal Employees. There are special procedures for seizing the wages of federal
government employees. 5 The execution paperwork must be served on the “garnishment agent”
for the federal agency and additional identifying informa tion about the debtor must be provided. 6
How to Fill Out Forms
When filling out forms, please type or print clearly and use black ink. Press hard so your
printing will show through on all copies of each form. See the following illustration for how to
fill out the tops of the forms.
IN THE DISTRICT / SUPERIOR COURT FOR THE STATE OF ALASKA
AT ANCHORAGE
2
)
Dan Gable )
Plaintiff(s), )
)
vs. 3 )
) 4
)
Hayden Fry ) CASE NO. 3AN -09-1234 SC
Defendant(s). )
) FORM NAME
ILLUSTRATION NO. 1. At the top of each form, 1) cross out either “SUPERIOR, ” or “DISTRICT,” depending
on which court issued your judgment. Then fill in 2) the court location, 3) the case name box, and 4) the case
number. Be sure to write out the entire case number, including the letters at the beginning and at the end.
4 "Earnings," as defined in AS 09.38.500(4), means money received by an individual for personal services and
denominated as wages, sal ary, commissions, or otherwise.
5 5 USC 5520a. For active duty military, use the involuntary allotment procedure in 32 CFR 113.6 (Department
of Defense Form 2653) instead of a writ of execution. For most other federal employees, see the procedures
descr ibed in 5 CFR 582. Also see 42 USC 659 about garnishments for child support and alimony.
6 Contact the agency to get the garnishment agent’s name and address, and any special procedures or information
required. (Lists of designated agents are in Appendi x A to 5 CFR 582 and Appendix A to 5 CFR 581.)
Identifying information includes the debtor’s full name, date of birth, social security number, official dut y
station, home address, and agency division or office. 5 CFR 582.203. 1
Executing on Debtor’s Earnings
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JUDGMENT CREDITOR BOOKLET
Step 1: Get the Forms
You need the following forms (available at the court or on the court website:
www.courts.alaska.gov ):
1. Writ Request Packet
CIV -506 , INFORMATION FOR ISSU ANCE OF WRIT OF EXEC UTIO N ON PFD OR
GARNISHMENT OF EARNI NGS
CIV -526 , EMPLOY ER 'S RESPONSE TO WRIT O F EXECUTION FOR GARN ISHMENT OF
EARNINGS
CIV -561 , INSTRUCTIONS TO PROC ESS SERVER FOR SERVI NG WRIT OF EXECUTION FOR
GARNISHMENT OF EARNI NGS
2. Debtor's Packet
CIV -530 , NOTICE OF GARNISHMEN T AND NOTICE OF RIGH T TO EXEMPTIONS
CIV -531 , CLAIM OF EXEMPTION FROM GARNISHMENT
Step 2: Choose Process Server
The WRIT OF EXECUTION FO R GARNISHMENT OF EAR NINGS (prepared by the court) and the
EMPLOYER 'S RESPONSE must be served on (delivered to) the employer. Normally, these
documents must be served on the emplo yer by a process server or peace officer. 7 To pick
a process server, follow the instructions for "Personal Service by Process Server" on page
24. You will need to know the name of the process server in order to fill out the service
instructions in Step 3 below.
Note: If the debtor is a federal employee, the documents may be served on the federal
agency’s “garnishment agent” by certified mail by the court clerk. 8
Step 3: Complete the Writ Request Packet
Fill out the following forms:
a. CIV -506 , INFORMATION FOR ISSU ANCE OF WRIT OF EXEC UTION ON PFD OR
GARNISHMENT OF EARNI NGS
Fill out the entire form. In the “Type of Writ” section, check the box for form CIV -
525 , Writ of Execution for Garnishment of Earnings.
7 If there is no process ser ver or peace officer available, you may file a written request
asking the court to allow service on the employer by certified mail.
8 5 CFR 582.202 and Civil Rule 69(f)(1). See page 4 and footnotes 4 and 5 about additional
requirements for federal wage ga rnishments.
Executing on Debtor’s Earnings
CIV -550 ( 11/ 18) 6
JUDGMENT CREDITOR BOOKLET
b. CIV -526 , EMPLOYER 'S RESPONSE TO WRIT O F EXECUTION FOR GARN ISHMENT OF
EARNINGS
Fill out the top of the form and the "Address of Court" and “Nam e of Judgment
Debtor” beneath the case name block.
c. CIV -561 , INSTRUCTIONS TO PROCESS SERVER FOR SERVING WRIT OF EXECUTION FO R
GARNISHMENT OF EARNI NGS
Fill out the entire form (or your process server's version of this form). At the
bottom of the form, you must also indicate how you want the Debtor's Packet
served. See Step 8 on page 7 about serving the Debtor's Packet.
Step 4: File Writ Request Packet with Court
After filling out the above three forms, file the m with the court. Also, if you want the
employer to send you a copy of the RESPONSE form after the employer fills it out, give the
clerk a self -addressed, stamped envelope for this.
Note : If you want the process serve r to serve the Debtor's Packet (described in Step 8
below) on the debtor at the same time as the process server serves the WRIT on the
employer, you should give the Debtor's Packet to the process server (with that
instructio n) before you file the Writ Request Packet with the court.
Step 5: Clerk Pr epares the Writ and Delivers it to Process Server
The clerk will prepare a WRIT OF EXECUTION FOR GAR NISHMENT OF EARNINGS (CIV -525 )
and deliver it and the EMPLOYER ’S RESPONSE form to the process server you selected ( or
mail it by certified mail in cases where that method is authorized).
Step 6: Proc ess Server Serves Writ
The process server will serve the WRIT and the EMPLOYER ’S RESPONSE form on the
employer.
Step 7: Employer's Response
The employer must fill out the RESPONSE form ( CIV -526 ) within 24 hours after receiving
it and return it to the court. 9 The RESPONSE form will usually show how much money the
employer will send to the court from the debtor's pay check each payday until the
judgment is paid in full.
If the court has not received the RESPONSE form within about a week, you may want to
ask the employer if the failure to return the form is due to an
9 AS 09.40.060 and AS 09.35.110
Executing on Debtor’s Earnings
CIV -550 ( 11/ 18) 7
JUDGMENT CREDITOR BOOKLET
oversight or a misunderstanding. If the employer has some question about what is required,
ask the employer to call the clerk of court. If the employer simply refuses to fill out the
RESPONSE or return it to the court, you can ask the court for an ORDER TO SHOW CAUSE
requiring the employer to come to court and explain the refusal to a judge. The Court
System provides a form for making this request in small claims cases called the REQUEST
AND ORDER form ( SC -26 ).10
Step 8: Prepare and Serve Debtor's Packet
You must serve the Debtor’s Packet on the debtor either before or within three days after the
debtor's wages are seized. 11 You may want to serve the Debtor’s Packet on the debtor at the
same time the WRIT is being served on the employer, or you may want to wait until after the
employer responds.
1. Fill out the following forms:
a. CIV -530 , NOTICE OF GARNISHMEN T AND NOTICE OF RIGH T TO EXEMPTIONS
Fill out the entire form (including the court's mailing address on page 2).
b. CIV -531 , CLAIM OF EXEMPTION F ROM GARNISHMENT
You must use the multi -part form available at the court. Fill out only the top of
the form (including the case number).
2. Serve the Debtor's Packet on the Debtor.
The Debtor's Packet may be served either by a process server or by certified mail.
The two types of service are explained on pages 24-28 . Select one and follow the
instructions. The packet must be served on the debtor before or within three days
after the debtor’s wages are seized.
St ep 9 Proof of Service of the Debtor's Packet
Proof that the Debtor's Packet was served on the debtor must be filed with the court before
the court will release to you any money collected under the WRIT . The proof must be filed
within 30 days after the court receives money from the employer for the first time. If proof
is not filed within 30 days, the court may return the money to the debtor and terminate the
WRIT .12 If you cannot file proof of service within 30 days, you can a sk the court for
additional time to file the proof .13
10 Parties in formal civil cases can use this form as a guide.
11 AS 09.38.080(c)
12 Civil Rule 69(g)(5)(C)
13 Civil Rule 6(b)
Executing on Debtor’s Earnings
CIV -550 ( 11/ 18) 8
JUDGMENT CREDITOR BOOKLET
1. Process Server
If the Debtor's Packet is served by a process server, the process server will file proof of
service with the court. If you have any questions, you should contact the process
server.
2. Certified Mail
If the Debtor's Packet is served by certified mail, the green postal receipt card will be
returned to you. You must file it with the court along with an affidavit of service (see
form CIV -620 ).
If the envelope sent to the debtor is returned to you, see paragraph "e" (Debtor's Packet
Not Served) on page 26 for what to do.
Step 10 : Claim of Exemption
The NOTIC E form ( CIV -530 ) tells the debtor about the debtor's right to claim exemptions.
The debtor has 15 days from the date the notice is received to claim exemptions. If the
debtor wan ts to claim an exemption, the debtor must fill out the CLAIM OF EXEMPTION form
(CIV -531 ) and file it with the court. If the debtor files a claim form, the court will send you
a co py of the claim and a form you can use to respond to the CLAIM (CIV -516 ). You must
file your response with the court within 10 days. The court will decide the claim based on
the information submitted, or the court will schedule a hearing. If a hearing is ordered, the
court will notify both you and the debtor of the date and time it will be held. At the hearing,
the debtor has the responsibility of convincing the court that the debtor should be given the
exemption. 14 You will have an opportunity to question the debtor and present any evidence
you wish.
If the debtor does not file a CLAIM within 15 days after receiving the NOTICE form, the court
will ordinarily conclude that the debtor has given up any possible claims, and the court will
send the money to you as soon as it is sure the employer's check has cleared the bank.
However, the court will not send the money to you until the court has received proof that the
CIV -530 NOTICE has been served on the debtor.
Only part of the debtor's wages can be seized. The WRIT (form CIV -525 ) and the NOTICE
(form CIV -530) both explain the automatic exemption the debtor gets.
Step 11 : Collection of Money
Once the WRIT is served on the employer, the employer should begin sending payments to
the court. The court will hold the money in its trust account for about 30 days. This 30 -day
waiting period allows the court to be sure the check has cleared the bank and also allo ws the
debtor time to object to the seizure of the wages.
14 AS 09.38.080(f)
Executing on Debtor’s Earnings
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JUDGMENT CREDITOR BOOKLET
Unless ordered to do otherwise by the court, the employer should keep sending payments to
the court on each of the debtor's paydays until the amount stated in the WRIT has been paid in
full.
Step 12 : Supplemental Notice to Writ of Execution
After the amount stated in the WRIT is paid in full, you may want to try to collect interest on
the debt from the date of the WRIT to the date the debt was paid. The interest rate is usually
stated in the judgment. 15 You also may want to collect for the costs of having the WRIT and
other papers served on the employer and the debtor. You may ask the court for a
SUPPLEMENTAL NOTICE TO WRIT OF EXECUTION FOR GARNISHMENT (CIV -533 ) to collect the
interest and costs. The court will send this NOTICE to the employer by first class mail.
Step 1 3: Terminating Writ
If for some reason the employer keeps sending payments to the court after your judgment is
satisfied, you should tell the court this so the court can send the employer a NOTICE OF
TERMINATION OF WRIT OF EXECUTION (CIV -542). This might happen, for example, if you
receive partial payment of the judgment from another source (e.g., a voluntary payment
from the debtor or another levy) while the wage garnishment is still continuing.
15 AS 09.30.070(a)
Executing on Debtor’s Property
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JUDGMENT CREDITOR BOOKLET
B. EXECUTING ON DEBTOR'S PROPERT Y
The procedure described in this section can be used to execute on many kinds of property.
There are, however, some kinds of personal property for which this procedure cannot be
used (for example: household goods). See Section C beginning on page 17 for the
procedure to use to execute on these special kinds of personal property. 16 Also, see Section
D, page 23, if you have a judgment for specific personal property rather than a money
judgment. See booklet CIV -503 for the procedures for executing on the Alaska Permanent
Fund Dividend.
The following are a few examples of the types of property which can be executed upon by
using the procedure described in this section:
cash
bank accounts
stocks and bonds
coin collections
land
houses
business inventory and equipment
guns
AS 09.35.030(1) requires you to execute on personal property before executing on real
property. If sufficient personal property to satisfy the debt cannot be found, you can then
execute on real property. "Real property" includes land, houses, and generally whatever is
erected on, growing upon, or affixed to land. All other property is personal property.
Before you decide which property of the debtor's to try to seize, you should read the
JUDGMENT DEBTOR BOOK LET to see if there is an exemption which will protect the property
from seizure.
Note About Filling Out Forms : When filling out forms, please type or print clearly and
use black ink. Press hard so your printing will show through on all copies of each form. See
the illustration on page 4 for how to fill out the tops of the forms.
16 Note about Motor Vehicles: The procedure for executing upon motor vehicles is not entirely clear in the
statutes. Some judges allow the procedures in this section (Section B) to be used if the vehicle to be
seized is worth more than $27,000 or if the deb tor has more than one motor vehicle . They require the
procedures in Section C (page 17) to be used if the debtor's only vehicle is worth less than $27,000. Other
judges, however, require the procedures in Section C to be followed no matter how many vehicles the
debtor owns and no matter what their value. If you are not sure which procedure the judge in your case
will require, it is probably safest to follow Section C procedure to seize a motor vehicle. Otherwise, if you
use Sect ion B procedure and the judge decides that it is not the correct procedure, you may have to return
the vehicle to the debtor and not be able to recover your costs of seizure. See AS 09.38.075, AS
09.38.020, and 8 AAC 95.030.
Exec uting on Debtor’s Property
CIV -550 ( 11/ 18) 11
JUDGMENT CREDITOR BOOKLET
Step 1: Get the Forms
You will need the following forms (available at the court or on the court website:
www.courts.alaska.gov ):
1. Writ Request Packet
CIV -501 , INFORMATION FOR ISSU ANCE OF WRIT OF EXECUTION
CIV -560 , INSTRUCTIONS TO PROC ESS SERVER FOR SERVI NG WRIT OF EXECUTION
2. Debtor ’s Packet
CIV -505 , CREDITOR 'S AFFIDAVIT
CIV -510 , NOTICE OF LEVY AN D SALE OF PROPERT Y AND NOTICE OF R IGHT T O
EXEMPTIONS
CIV -511 , JUDGMENT DEBTOR BOOK LET
CIV -515 , CLAIM OF EXEMPTIONS (Note: You must use the multi -part form available at
the courthouse.)
Step 2: Choose Process Server
The WRIT OF EXECUTION (prepared by the court) must be served on (delivered to) the person
in possession of the property by a process server or peace officer. To pick a proces s server,
follow the instructions for “ Personal Service by Process Server ” on page 2 4. You will need
to know the name of the process server in order to fill out the service instructions in Step 3
below.
Note: If no process server or peace officer is available, you may file a written request
asking the court to allow service by certified mail.
Step 3: Complete the Writ Request Packet
Fill out the following forms:
a. CIV -501 , INFORMATION FOR ISSU ANCE OF WRIT OF EXEC UTION
Fill out the entire form. In the “Type of Writ” section, check the box for form CIV -
500 , GENERAL WRIT OF EXECUTION .
b. CIV -560 , INSTRUCTIONS TO PROC ESS SERVER FOR SERVI NG WRIT OF EXECUTION
Fill out the entire form (or your process server’s version of it). After you write in
the name of the process server and some identifying information about yourself and
the debtor , you must describe the property you want your process server to seize, tell
where it is located and name the person in possession of it.
Executing on Debtor’s Property
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JUDGMENT CREDITOR BOOKLET
The following are some examples of what you might want to put in the "Directions"
section of the form:
(1) "Make a personal demand on (debtor's name) for money to pay the debt."
(2) "Seize any funds at (name of bank or other institution)."
(3) "Make a personal demand for cash at (name of business)."
At the bottom of the form, you must also indicate how you want the Debtor's Packet
served. See Step 7 on page 13 about serving the Debtor’s Packet.
Step 4: Fi le Writ Request Packet with Court
File the CIV -501 information sheet and CIV -560 process server instructions with the court.
Note: You may also want to file the original CREDITOR ’S AFFIDAVIT (CIV -505 ) with the court
at this time in order to save a trip to the courthouse. See Step 7 below about how to fill out
this form.
Step 5: Clerk Pr epares the Writ and Delivers it to Process Server
The clerk will prepare a GENERAL WRIT OF EXEC UTION (CIV -500 ) and deliver it to the process
server you named in your CIV -560 process server instructions .
St ep 6: Process Server Serves Writ
The process server will take the WRIT OF EXECUTION and attempt to serve it on the person or
entity named in your CIV -560 service instructions. 17 If the person on whom a WRIT is
served has the debtor’s property, that person must turn the property over to the process
server. If the item taken is cash, the process server must take it to the court where it will be
deposited in the court's trust acc ount . Any other property must be stored in a secure place
by the process server at your expense.
When a process server serves a WRIT OF EXECUTION , the person or entity served must
complete a response to the levy and return it to the process server within 24 hours. 18
17 Your process server must give the person holding the debtor's property both a certified copy of the WRIT
and a notice specifying what property is being levied upon. Usually process servers have their own
NOTICE OF LEVY forms, but if yours does not, form CIV -555 is available at th e court. AS 09.35.110,
Civil Rule 89(f)(3) and Beery v. Browning , 717 P.2d 365 (Alaska 1986).
18 AS 09.40.060
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Step 7: Prepare and Serve Debtor’s Packet
You must serve the Debtor's Packet (including the JUDGMENT DEBTOR BOOKLET ) on the
debtor either before or within three days after the levy (that is, within three days after the
debtor's property is seized). 19
Note: If , within 45 days after a seizure of property, you seize additional property lis ted i n the
CREDITOR ’S AFFIDAVIT , you are not required to serve another Debtor's Packet for that seizure.
20 The debtor still has a right to claim exemptions . The 15 -day time limit for claiming
exemptions for the subsequent seizure will begin the date the court receives the seized
property.
1. Fill out the following forms:
a. CIV -505 , CREDITOR 'S AFFIDAVIT
Fill out the entire form. Note that your signature must be notarized. The court
clerk can do this for you at no charge. Keep one copy of your AFFIDAVIT after it
is notarized.
Note: You must file the original with the court (if you have not already done so)
and serve the other copy on the debtor as part of the Debtor’s Packet . The
original affidavit must be filed with the court within three days after the levy
(seizure of property). 21
b. CIV -510 , NOTICE OF LEVY AN D SALE OF PROPERT Y AND NOTICE OF R IGHT TO
EXEMPTIONS
Fill out th e entire form (including the court's mailing address).
c. CIV -511 , JUDGMENT DEBTOR BOOK LET
There is nothing to fill out in the booklet, but it must be included in the Debtor's
Packet and served on the debtor.
d. CIV -515 , CLAIM OF EXEMPTIONS
You must use the multi -part form available at the court. Fill out only the top of
the form (including the case number).
19 AS 09.38.080(c). It is important to note that these documents only need to be served on the debtor if
something is actually taken. (See definition of "levy" in the Glossary at page 43.) Thus, for example, if a
WRIT OF EXECUTION is served on a bank and the debtor has no account at that bank or no money in his
or her account, it is not necess ary to serve the NOTICE and other forms on the debtor.
20 Civil Rule 69(g)(4)
21 AS 9.38.080(b)
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JUDGMENT CREDITOR BOOKLET
2. Serve the Debtor's Packet on the debtor.
The Debtor's Packet may be served either by a process server or by certified mail. The
two types of service are explained on pages 24-28 . Select one and follow the
instructions. The packet must be served on the debtor before or within three days after
the seizure of the property.
Step 8: Proof of Service of the Debtor's Packet
Proof that the Debtor's Packet was served on the debtor must be filed with the court before
the court will release to you any money collected under the WRIT . The proof must be filed
within 30 days after the court receives money from the process server. If proof is not filed
within 30 days, the court may return the money to the debtor without further notice to the
creditor .22 If you cannot file proof of service within 30 days, you can ask the court for
ad ditional time to file the proof .23
1. Process Server
If the Debtor's Packet is served by a process server, the process server will file proof of
service with the court. If you have any questions, you should contact the process
server.
2. Certified M ail
If the Debtor's Packet is served by certified mail, the green postal receipt card will be
returned to you. You must file it with the court along with an affidavit of service (see
form CIV -620 ).
If the envelope sent to the debtor is returned to you, see paragraph "e" (Debto r's Packet
Not Served) on page 26 for what to do.
If your attempts to serve the debtor are unsuccessful, see INSTRUCTIONS : HOW TO REQUEST
RELEASE OF FUNDS TO CREDITOR (CIV -545 ) and the accompanying forms.
Step 9: Claim of Exemption
The Debtor's Packet tells the debtor about the debtor's right to claim exemptions. The debtor
has 15 days after receiving the packet to object to the levy by filling out the CLAIM OF
EXEMPTIONS form ( CIV -515 ) and filing it with the court.
(Note: The debtor’s 15 days to claim exemptions begin on the date the court receives the
seized property if no Debtor's Packet is served on the debtor because the property seized was
property li sted in the original CREDITOR ’S AFFIDAVIT and it was seized within 45 days after a
previous seizure for which a Debtor's Packet was served. See Step 7. )
22 Civil Rule 69(g)(5)(C)
23 Civil Rule 6(b)
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CIV -550 ( 11/ 18) 15
JUDGMENT CREDITOR BOOKLET
1. Debtor Files CLAIM OF EXEMPTION S
If the debtor files a CLAIM OF EXEMPTIONS , the court will send you a copy of the claim
and a form you can use to respond to the claim ( CIV -516 ). You must file your
response with t he court within 10 days. When you receive the debtor’s claim, you
must be sure to tell your process server not to sell any property the process server has
seized until the court decides whether to grant the debtor's claim of exemptions.
The court will d ecide the claim based on the information submitted, or the court will
schedule a hearing. If a hearing is ordered, the court will notify both you and the
debtor of the date and time it will be held. At the hearing, the debtor has the
responsibility of co nvincing the court that the debtor qualifies for one or more of the
exemptions given by the statutes. 24 You will have an opportunity to question the
debtor and present any evidence you wish.
The court will enter an order granting or denying the debtor's claimed exemptions and
awarding any money seized either to you or to the debtor. If the property seized was
not cash, the process server, pursuant to the court's order, will either release the
property to the debtor or sell it at a public sale [after complying with the notice and
other requirements of AS 09.35.140 -.330 and AS 09.38.080(d)].
The money from the sale will be sent to the court. Note: You will either have to pay
the costs of the sale in advance or the costs will be deducted from the proceeds of the
sale. Be aware that you may not be able to recover some of these costs from the
debtor. You should ask your process server what these costs will be before you decide
to have property seized.
You should also be aware that if the bids at the sale are too low, the property cannot be
sold. A bid for property that is less than the exempt value is not acceptable. 25 If a
high enough bid is not received, the process server must by statute 26 return the
property to the debtor. If this happens, the costs of seizing the property, offering it for
sale and returning it will all be charged to you, and you cannot recover these costs
from the debtor.
When the court receives the money, it will depo sit the money in its trust account. If
the court was given cash, the court can release the money (by a trust account check)
right away. If the court was given a check, the court will have to wait until the check
clears the bank (possibly 30 days in some courts) before releasing the money.
24 AS 09.38.080(f)
25 Note: Be aware that AS 09.38.080(d) also requires: "If indebtedness secured by a valid lien is chargeable
against the proceeds of the sale, the bid must exceed the amount of the indebtedness secured plus the
amount of the exempt value."
26 AS 09.38.080(d)
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JUDGMENT CREDITOR BOOKLET
2. Debtor Does Not File CLAIM OF EXEMPTIONS
If the debtor does not file a CLAIM OF EXEMPTIONS with the court within 15 days from
the date the notice is received, the process server can sell the property at a public sale
as described above and forward the proceeds to the court for distribution.
Step 10 : Collection of Money
The court will hold the money in its trust account for about 30 days before releasing the
mon ey to you. This 30 -day waiting period allows the court to be sure the check has cleared
the bank and also allows the judgment debtor time to object to the seizure of the property.
Step 11 : Terminating Writ
As soon as the judgment and all post -judgmen t costs and interest have been paid, you must
instruct your process server to immediately return the WRIT to the court. 27
27 Civil Rule 69(f)(2)
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JUDGMENT CREDITOR BOOKLET
C. EXECUTING ON CERTAIN KINDS OF DEBTOR'S PERSONAL
PROPERTY
(Section .020 Property 28)
State law gives special protection to certain kinds of personal property. The law does this by
allowing the debtor to claim exemptions up to a certain amount for each kind of protected
property. The following are the types of protected property and the amount of the
exemption for each type:
1. Up to $4,050 worth of household goods, clothes, books, musical instruments, family
portraits and heirlooms
2. Up to $ 1,3 50 worth of jewelry
3. Up to $ 3,780 worth of professional books and tools of trade
4. Up to $ 1,3 50 for pets
5. Up to $ 4,050 in one motor vehicle if the full value of the motor vehicle does not
exceed $2 7,000
Note that the exempt amounts are for the debtor's equity in the property, not for the actual
value of the property. Thus, for exampl e, if the only jewelry the debtor owns is a diamond
ring worth $1 ,500 and the debtor still owes the jewelry store $500 for it, the debtor's equity
in the ring would only be $1,000 and the ring would be protected from seizure because of
the $ 1,3 50 exemption for jewelry.
You can still try to execute upon these types of property (if there is equity which is not
exempt), but the procedure is different from the procedure used to execute upon other types
of personal property or real property belonging to the debtor. The debto r must be given an
opportunity to claim exemptions in the property you wish to seize before the court will issue
a writ allowing the property to be seized.
28 The Alaska Statutes call this category of property "Personal Property Subject to Value Limitations." AS
09.38.020. Note that the current exemption amounts are in the Administrative Code in 8 AAC 95.030(b)
rather than in the statute, AS 09.38.020.
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CIV -550 ( 11/ 18) 18
JUDGMENT CREDITOR BOOKLET
SERVICE OF "ORDER TO DEBTOR PACKET"
Step 1: Fill Out Forms In "Order To Debtor Packet"
When filling out forms, please type or print clearly and use black ink. Press hard so your
printing will show through on all copies of each form. See the illustration on page 4 for how
to fill out the tops of the forms.
To execute upon the types of pr operty listed above, you must complete the following forms:
1. CIV -535 , CREDITOR 'S AFFIDAVIT AND R EQUEST
Fill out the whole form. Note that your signature must be notarized. The court clerk
can do this for you at no charge. Keep one copy of the form after it is notarized. Give
the original and the other copy to the clerk.
The following are some examples of what you might say in your affidavit:
a. "I wish to seize debtor's grand piano, trombone, clarinet, tenor saxophone,
washing machine, dryer, microwave oven, color TV set, refrigerator, mink coat,
and Sony video tape recorder. I believe this property is not exempt because the
total value of the debtor's equity in this property is approximately $7,000 and
debtor's exemption for this type of property is only $ 4,050 ."
b. "I wish to seize debtor's 200 9 Volvo sedan. I believe this property is not exempt
because the total value of the debtor's equity in this car is ab out $10,000, and the
debtor is only entitled to an exemption of $ 4,050 in one motor vehicle."
2. CIV -536 , ORDER TO DEBTOR A ND NOTICE OF EXEM PTION RIGHTS (RE : PROPERTY
SU BJECT TO VALUE LI MITS UNDER AS 09.38.020 )
Fill out the entire form except the judge's and clerk's signatures and date of issuance.
Ask the clerk what the court's mailing address is (for the lines on page 2) if you do not
know it.
3. CIV -537 , CLAIM OF EXEMPTIONS FOR PROPERTY SUBJECT TO VALUE LIMITS UNDE R AS
09.38.020
You must use the multi -part form available at the courthouse. Fill out only the top of
the form (including the case number) .
Step 2: File Forms with Court
After filling out the forms, file them with the court.
Step 3: Judge Rules on Your Request
Before these three forms can be sent to the debtor, a judge must approve your AFFIDAVIT AND
REQUEST (form CIV -535 ). If the judge denies your AFFIDAVIT AND REQUES T, you will be
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CIV -550 ( 11/ 18) 19
JUDGMENT CREDITOR BOOKLET
notified; and you will either have to revise your AFFIDAVIT or try some other way to collect
your debt .
If the judge approves your AFFIDAVIT AND REQUES T, the judge will sign the ORDER TO DEBTOR
and the court will mail the “Order to Debtor Packet” to you for service on the debtor. The
ORDER informs the debtor of your intent to seize the property listed in your AFFIDAVIT ,
explains the debtor's right to object, and orders the debtor not to dispose of any of the
property for 30 days.
Step 4: Serve “Order to Debtor Packet” on Debtor
The three forms in the "Order To Debtor Packet" must be served on the debtor either by a
process server or by certified mail. The two types of service are explained on pages 24-28 .
Select one and follow the instructions.
If you are going to have the packet served by a process server , you must use form CIV -615 ,
SERVICE INSTRUCTIONS (or your process server's version of it) to tell the process server how to
serve the packet. List the three forms in the packet and describe where the debtor can be
found.
Step 5: Proof of Service of the “Order to Debtor Packet”
Proof that the "Order to Debtor Packet" was served on the debtor must be filed with the
court before the court wi ll issue a writ of execution.
1. Process Server
If the packet is served by a process server, the process server will file proof of service
with the court. If you have any questions, you should contact the process server.
2. Certified Mail
If the pa cket is served by certified mail, the green postal receipt card will be returned
to you. You must file it with the court along with an affidavit of service (see form
CIV -620 ).
If the envelope sent to the debtor is returned to you, see paragraph "e" (Debtor's Packet
Not Served) on page 26 for what to do.
Step 6: Claim of Exemptions
The debtor has 15 days from the date of issuance of the ORDER TO DEBTOR to file a CLAIM OF
EXEMPTIONS with the court.
1. Debtor Files CLAIM OF EXEMPTIONS
If the debtor file s a CLAIM OF EX EMPTIONS , the court will schedule a hearing. Both you
and the debtor will be notified of the hearing date. The hearing should, if possible, be
held before the 30 -day order preventing disposal of the property expires. If it cannot
be held before then, you must ask the court to extend the order for a longer period of
time.
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CIV -550 ( 11/ 18) 20
JUDGMENT CREDITOR BOOKLET
At the hearing, the judge will decide whether to grant the debtor's claim of exemption s.
The judge's order will say whether or not a WRIT OF EXECUTION may be issued to seize
any of the property you listed in your AFFIDAVIT .
2. Debtor Fails to File CLAIM OF EXEMPTIONS
If the debtor does not respond within the 15 days, you may do one of t he following two
things:
a. If you know the location and description of the property listed in your AFFIDAVIT ,
you may ask the clerk of court to issue a WRIT OF EXECUTION .
b. If you do not know the location of the items listed in your AFFIDAVIT or if you
want more information about the description or value of the property, you can
ask the court to order the debtor to appear in court so that you can ask the debtor
questions under oath to obtain this information. To do this, do the following:
(1) Ask the clerk for form CIV -540 , MOTION AND ORDER FOR JUDGMENT DEBTOR
TO APPEAR .
(2) Fill out the top of the form and the "Motion" section. If you want the court
to order the debtor not to dispose of the property listed in your affidavit,
you must ask for that in your motion.
(3) File the CIV -540 MOTION with the co urt.
If the judge grants your motion, the judge will sign the Order section of the form
setting the date for the hearing. The clerk will send you and the debtor a copy of
the order by first class mail. If you want to be able to prove that the debtor
received this order, you can have a process server serve the order on the debtor or
mail or mail a copy of the order by certified mail as described on page 25 . You
might want to do this if the restraining order box is checked and you want to later
be able to prove that the debtor received notice of that order.
ISSUANCE OF WRIT OF EXECUTION
If the judge orders that a WRIT OF EXECUTION may be issued (after the hearing on the debtor's
claim of exemptions) or if the debtor does not claim exemptions within 15 days of being
notified of the debtor's rights, you may ask the clerk to issue a GENERAL WRIT OF EXEC UTION
(CIV -500 ).
Step 7: Choose Process Server
The WRIT must be served on (delivered to) the person in possession of the property by a
process server or peace officer. To pick a process server, f ollow the i nstructions for
"Personal Service by Process Server" on page 24. You will need to know the name of the
process server in order to fill out the service instructions in Step 8 below.
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JUDGMENT CREDITOR BOOKLET
Step 8: Fill Out Forms in " Writ Request Packet "
You must complete the following forms:
1. CIV -501 , INFORMATION FOR IS SUANCE OF WRIT OF EX ECUTION
Fill out the entire form. In th e “Type of Writ” section, check the box for form CIV -
500 , GENERAL WRIT OF EXECUTION .
2. CIV -615 , SERVICE INSTRUCTION S
Fill out the entire form (or your process server's version of this form). On this form,
you must tell the process server what property to seize and where that property is
located. The property will be the property you listed in yo ur AFFIDAVIT except for any
listed property which the court has declared exempt and totally protected from seizure.
You will probably want to discuss the procedures with your process server before
filling out the form.
Step 9: File Forms with Court
After filling out the forms, file them with the court.
Step 1 0: Clerk Prepares the Writ and Delivers it to Process Server
The clerk will prepare a GENERAL WRIT OF EXEC UTION (CIV -500 ) and deliver it and the
process server instructions to the process server you named in your CIV -615 process server
instructions.
Step 1 1: Process Server Takes Possession of the Property, Sells It and Deposits the
Money with the Court
The process server will take possession 29 of the property and sell it at a public auction after
complying with the requirements of Alaska Statutes 09.35.140 -.170 and Alaska Statute
09.38.080(d). Notice of the sale must be posted for at least 10 days prior to the sale, so it
will probably be a mi nimum of two weeks after the property is seized before the proceeds of
the sale will be deposited with the court by the process server.
Note that you will either have to pay the costs of the sale in advance or the costs will be
deducted from the proceeds of the sale. Be aware that you may not be able to recover some
of these costs from the debtor. You should ask your process server what these costs will be
before you decide to have property seized.
29 To make the levy, your process server must give the person holding the debtor's property both a certified
copy of the WRIT and a notice specifying what property is being levied upon. AS 09.35.110, Civil Rule
89(f)(3) and Beery v. Browning , 717 P.2d 365 (Alask a 1986). (Usually process servers have their own
NOTICE OF LEVY forms.)
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CIV -550 ( 11/ 18) 22
JUDGMENT CREDITOR BOOKLET
You s hould be aware that if the bids at the sale are too low, the property cannot be sold. A
bid for property that is less than the exempt value is not acceptable. 30 If a high enough bid is
not received, the process server must by statute 31 return the property to the debtor. If this
happens, the costs of seizing the property, offering it for sale and returning it will all be
charged to you, and you cannot recover these costs from the debtor.
Step 1 2: Release of Money
When the court receives the money, it w ill deposit the money in its trust account. If the
money is in cash, the court can release the money (by a trust account check) right away. If
the court is given a check, the court will hold the money in its trust account for about 30
days. This 30 -day waiting period allows the court to be sure the check has cleared the bank.
Step 1 3: Terminating Writ
If the judgment and post -judgment costs and interest are paid to you before the writ is served
or before the property is sold at auction, you must ins truct your process server to either
immediately return the writ to the court or to return the seized property to the debtor.
30 Note: Be aware that AS 09.38.080(d) also requires: "If indebtedness secured by a valid lien is chargeable
against the proceeds of the sale, the bid must exceed the amount of the indebtedness secured plus the
amount of the exempt value."
31 AS 09.38.080(d)
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JUDGMENT CREDITOR BOOKLET
D. JUDGMENTS TO COLLECT SPECIFIC PERSONAL PROPERTY
Most of this booklet describes what to do if you win a judgment stating that the debtor owes
you money. The procedures are quite different if you win a judgment stating that you are
entitled to take possession of a specific item of personal property. Except as described in t he
footnote below, 32 if you win a judgment for specific personal property, you do not need to
file a creditor's affidavit with the court or serve a notice of levy on the debtor because there
are no exemptions which the debtor can claim. Instead, you must a sk the court for the CIV -
580 WRIT OF EXECUTION FOR DELIVERY OF S PECIFIC PERSONAL P ROPERTY LISTED IN
JUDGMENT (REPLEVIN ).
Fill out the entire CIV -580 form except the clerk's signature and date and the other
information at the bottom of the form . You must specifically describe the personal property
which you plan to seize. Your description must be identical to the description stated in your
judgment . Please type or print clearly when filling out this form. Also, please use black ink.
Press h ard so your printing will show through all copies of the form.
You must then arrange for the WRIT to be served on the debtor or the person holding the
debtor's property. Follow the instructions on page 24 about choosing and paying a process
server. Use either the court's CIV -615 SERVICE INSTRUCTIONS form or the process server's
version of it. On it you must describe the property you want your process server to seize,
tell where it is located and name the person in possession of it.
Return the WRIT and SERVICE INSTRUCTION S to the clerk. The clerk will compare the
information on your WRIT to your j udgment and, if it is correct, sign the WRIT . The clerk will
issue the WRIT to the process server you selected.
The process server will serve the WRIT upon the person in possession of the property. 33 That
person must then turn the property over to the pro cess server. When the process server takes
possession of the property, the process server must turn the property over to you as ordered
in the judgment. 34
32 You will not be able to use the procedure described in this section if AS 09.38.070 applies to you. This
statute may apply to you if you loaned the debtor money which has no t been repaid and the property you
wish to seize was security for that loan, but the loan was not made for the purpose of buying that property.
If this describes your situation, see AS 09.38.070 for the procedure to follow.
33 To make the levy, your proces s server must give the person holding the debtor's property both a certified
copy of the WRIT and a notice specifying what property is being levied upon. Usually process servers
have their own NOTICE OF LEVY forms. The Alaska State Troopers use Trooper f orm 12 -305 -1, Notice
of Levy of Specific Personal Property Listed in Judgment. AS 09.35.110, Civil Rule 89(f)(3) and Beery v.
Browning , 717 P.2d 365 (Alaska 1986).
34 Ordinarily, the property is then yours to do with as you wish. However, in some cases, y our judgment
may require you to sell the property and apply the proceeds to the debt which the debtor owes you.
CIV -550 ( 11/ 18) 24
JUDGMENT CREDITOR BOOKLET
III. SERVING DOCUMENTS
The two methods of serving documents discussed in this booklet are (1) personal service by
a process server and (2) service by certified mail. The procedures for each are described
below.
1. Personal Service by Process Server
If you want to use a process server, you must:
a. Choose a process server. The court clerk will have a list of process servers in
your area. You can also find a list of licensed process servers on the Department
of Public Safety website: http://dps.alaska.gov/statewide/PermitsLicensing .
Click “Process Server List.” Many parts of the state do not have process servers.
In those areas, "process" 35 is served by peace officers (usually by State
Troopers).
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 documents to the process server.
b. 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 process server but give it to the clerk to
mail with the documents to b