Fill and Sign the Sc 95 Small Claims Information Sheet State of Alaska

SC -95 (1/18 )(cs)(bb -Page 1 of 2) SMALL CLAIMS INFORMATION SHEET AS 22.15.040; Dist. Ct. Civ. Rules 8 -22 SMALL CLAIMS INFORMATION SHEET What is a Small Claims Case? A small claims case is a simplified type of court case in which a person can attempt to recover money or personal property worth $10,000 or less. If your claim is over $10,000, you can still use small claims court, but you must give up the right to collect the amount over $10,000. The $10,000 figure does not include interest or court costs. You do not need a lawyer in a small claims case, although you may have one if you wish. Small claims court may only be used if all parties agree to this simplified procedure. Small claims procedure may not be used for any of the following: 1) disagreements about title to real property 2) actions to recover possession of real property 3) evictions 4) claims against the State of Alaska or the United States government 5) injunctive relief (a court order requiring a person to do or not to do a specified act) 6) actions to foreclose or enforce statutory, common law or possessory liens If you decide to us e this procedure, get the forms and Small Claims Handbook from the clerk’s office. COMPARISON OF PROCEDURES SMALL CLAIMS FORMAL CIVIL Filing Fee $50 if your claim is for $2500 or less $100 if your claim is for more than $2500 $150 in district court Jury Trial no yes, if one is requested Need for a Lawyer usually no usually yes Formal Rules of Evidence at Trial no yes Forms Supplied by Court yes no Cost of Serving Process on each defendant - by Certified Mail - by Process Server Postage plus $ 5. (Plaintiff gives court stamped envelope addressed to defendant and completed postal forms. Court handles mailing.) usually $ 65 Postage. (Plaintiff handles mailing.) usually $ 65 Service of Process Outside Alaska Allowed in cases being heard by a district court judge. Dist. Ct. Civ. Rule 11(a)(4), AS 22.15.120( b) When case is being heard by a magistrate, then allowed only as provided in: - AS 34.03.340 (service on nonresident landlord in Landlord -Tenant Act case), and - AS 09.05. 020 (service on nonresident owner or operator of motor vehicle involved in accident in Alaska). Allowed. Complexity of Procedures There are approximately 15 to 20 court rules governing small claims procedure. There are over 80 court rules governing forma l civil procedure. Estimated Time Before Trial 4 to 12 weeks after answer is filed. 6 to 10 months after answer is filed. SC -95 (1/18 )(cs)(bb -Page 2 of 2) SMALL CLAIMS INFORMATION SHEET AS 22.15.040; Dist. Ct. Civ. Rules 8 -22 Sequence of Events in a Small Claims Case Plaintiff files case Plaintiff attempts to have Complaint , etc. served on defendant. Defendant is not served . Plaintiff returns to court for instructions and makes further attempts to serve Defendant. Defendant is served. Defendant Pays Claim Defendant files small claims Answer Defendant files request for formal rules and a formal Answer Defendant does not pay claim and does not file Answer Plaintiff files Dismissal . Case closed. Answer admits claim Answer denies claim Answer denies claim and requests change of venue Answer denies claim and makes counterclaim Plaintiff files request for default judgment Court awards Judgment . Case closed. Plaintiff agrees or disagrees with change of venue request Plaintiff does not request formal rules Plaintiff files request for formal rules and files formal Reply to counter - claim Court may hold hearing. Court decides where venue Case proceeds under formal Judgment or will be rules Dismissal . Case closed. Trial Judgment . Case Closed. After case is closed, if judgment is not paid voluntarily, plaintiff may begin execution procedures.