Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.38.010 Homestead exemption.
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(a) An individual is entitled to an exemption as a homestead of the individual's interest in property in this state used as the principal residence of the individual or the dependents of the individual, but the value of the homestead exemption may not exceed $54,000. (b) If prope…
AS 09.38.015 Property exempt without limitation.
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(a) An individual is entitled to exemption of the following property: (1) a burial plot for the individual and the individual's family; (2) health aids reasonably necessary to enable the individual or a dependent to work or to sustain health; (3) benefits paid or payable for medi…
AS 09.38.017 Exemption of retirement plan interests and payments.
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(a) In addition to the exemption under AS 09.38.015(b), the following are exempt from a claim of an individual's or beneficiary's creditor: (1) the interest of the individual or beneficiary in a retirement plan; (2) the money or other assets payable to the individual from a retir…
AS 09.38.020 Exemptions of personal property subject to value limitations.
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(a) An individual is entitled to an exemption in property not to exceed an aggregate value of $3,000 chosen by the individual from the following categories of property: (1) household goods and wearing apparel reasonably necessary for one household; (2) if reasonably held for the …
AS 09.38.025 Exemption of unmatured life insurance and annuity contracts.
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(a) Except as provided in this section or AS 09.38.017, an individual is entitled to exemption of unmatured life insurance and annuity contracts owned by the individual. If the contracts have accrued dividends and loan values available to the individual aggregating more than $500…
AS 09.38.030 Exemption of earnings and liquid assets.
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(a) Except as provided in (b), (c), (f), and (h) of this section and AS 09.38.050, an individual debtor is entitled to an exemption of the individual debtor's weekly net earnings not to exceed $350. The weekly net earnings of an individual are determined by subtracting from the w…
AS 09.38.035 Continuing lien on wages.
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(a) In the case of a garnishment of earnings, when the garnishee's answer reflects that the defendant is employed by the garnishee, the judgment or balance due as reflected on the writ of garnishment shall become a lien on earnings due at the time of service of the writ to the ex…
AS 09.38.040 Priorities between continuing liens.
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A lien obtained under AS 09.38.035 has priority over any subsequent garnishment lien or wage assignment. A writ creating a continuing lien served upon an employer while a continuing lien imposed by a previous writ is still in effect shall be answered by the employer with a statem…
AS 09.38.045 Effective date of continuing lien.
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The effective date of a writ creating a continuing lien is the date of service upon the garnishee. However, if there are, on that date, liens by virtue of previous writs, the effective date is the date all previous writs terminate.
AS 09.38.050 Increased exemption amount.
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(a) An individual debtor who is in possession of money that was obtained as payment for an injury or disability may request the court to order an increase in the exemption amounts under AS 09.38.030. The individual debtor shall submit affidavits or offer testimony in support of t…
AS 09.38.055 Bankruptcy proceedings.
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In a proceeding under 11 U.S.C. (Bankruptcy) only the exemptions under AS 09.38.010, 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 apply.
AS 09.38.060 Tracing exempt property.
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(a) If property, or a part of it, that could have been claimed as an exempt homestead under AS 09.38.010, a burial plot under AS 09.38.015(a)(1), a health aid under AS 09.38.015(a)(2), or personal property subject to a value limitation under AS 09.38.020(a)(1), or (2) or 09.38.02…
AS 09.38.065 Claims enforceable against exempt property.
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(a) Subject to AS 06.60.360(e), and notwithstanding other provisions of this chapter, (1) a creditor may make a levy against exempt property of any kind to enforce a claim for (A) child support; (B) unpaid earnings of up to one month's compensation or the full-time equivalent of …
AS 09.38.070 Limitation on enforcement of certain security interests in exempt goods.
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(a) This section applies to a security interest, except a purchase-money security interest, or a security interest in a motor vehicle, in an item of goods (1) possessed by an individual, (2) being used by that individual or a dependent, and (3) exempt under AS 09.38.020(a) — (d).…
AS 09.38.075 Special procedures relating to limited value exemptions; burden of proof.
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(a) Unless a creditor is seeking collection of a claim enforceable against exempt property under AS 09.38.065, the creditor may obtain a levy on an individual's property of a kind listed in AS 09.38.020 only by complying with this section. Before levy, the creditor shall file wit…
AS 09.38.080 Procedures applicable to a levy on property of an individual.
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(a) Except in a proceeding under AS 09.38.065, a creditor shall comply with this section in obtaining a levy on property of an individual. In a proceeding to levy on personal property of a kind listed in AS 09.38.020, a creditor shall comply with this section and AS 09.38.075. (b…
AS 09.38.085 Contents of notice; forms.
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(a) The notice required by AS 09.38.075(b) and 09.38.080(c) must include the following information: (1) the amount and date of the judgment to be enforced by levy and sale or other mode of appropriating the individual's property; (2) the name and address of the clerk of the court…
AS 09.38.090 Assertion of rights by another.
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If an individual fails to select property entitled to be claimed as exempt or to object to a levy on the property or to assert any other right under this chapter, the spouse or a dependent of the individual or any other person authorized by law may make the claim or objection or …
AS 09.38.095 Judicial relief.
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(a) An individual or the spouse, a dependent of the individual, or any other person authorized by law is entitled to injunctive relief, damages, or both, against a creditor or other person to prevent or redress a violation of this chapter as provided in the Alaska Rules of Civil …
AS 09.38.100 Debtor's property owned with another.
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(a) If an individual and another own property in this state as tenants in common or tenants by the entirety, a creditor of the individual, subject to the individual's right to claim an exemption under this chapter, may obtain a levy on and sale of the interest of the individual i…
AS 09.38.105 Waiver of exemption.
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A waiver of exemption executed in favor of an unsecured creditor before levy on an individual's property is unenforceable, but a valid security interest may be given in exempt property.
AS 09.38.110 Federal requirements.
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If a federal department or agency issues a formal ruling that a section of this chapter relating to public assistance will cause a state plan for the delivery of services or benefits to be out of conformity with federal requirements, the section will not apply to the extent that …
AS 09.38.115 Adjustment of dollar amounts.
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(a) The dollar amounts in this chapter change, as provided in this section, according to and to the extent of changes in the Consumer Price Index for all urban consumers for the Anchorage Metropolitan Area compiled by the Bureau of Labor Statistics, United States Department of La…
AS 09.38.120 Protection of property of residents and nonresidents.
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(a) Residents of this state are entitled to the exemptions provided under this chapter. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence. (b) The term “resident” means an individual who is physically present in the state and w…
AS 09.38.500 Definitions.
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In this chapter, unless the context otherwise requires, (1) “burial plot” means 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; (2) “creditor” includes the state o…
AS 09.38.510 Short title.
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This chapter may be cited as the Alaska Exemptions Act.