Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.35.030 Substance of writ.
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Writs of execution may be against the property of the judgment debtor, another against the person of the judgment debtor, and a third for the delivery of the possession of real or personal property, including damages for withholding the property. A writ of execution must require …
AS 09.35.035 Secs. 09.35.035 — 09.35.050. Default judgment or nonappearance of attorney for judgment debtor; execution against the person; imprisonment on execution. [Repealed, § 14 ch 62 SLA 1982.]
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[Repealed or reserved.]
AS 09.35.060 Execution after death of judgment debtor.
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If the judgment debtor dies after judgment, execution may be issued on the judgment in the manner and with the effect as if the debtor were still living, except as provided in AS 13.16.505.
AS 09.35.070 Property liable.
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All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution.
AS 09.35.080 Secs. 09.35.080 — 09.35.090. Exemptions. [Repealed, § 14 ch 62 SLA 1982. For present provisions see AS 09.38.]
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[Repealed or reserved.]
AS 09.35.100 Execution against property.
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The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied.
AS 09.35.110 Execution procedure.
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All property shall be levied upon or released from levy in the manner that similar property is attached or released from attachment, and the proceedings against the garnishee and the liability of the garnishee are the same. Until a levy, property is not affected by the execution.…
AS 09.35.120 Retention of personal property by judgment debtor. [Repealed, § 14 ch 62 SLA 1982.]
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[Repealed or reserved.]
AS 09.35.130 Third party claims.
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If property levied upon is claimed by a third person as the person's property by an affidavit of title to the property, or right to the possession of the property and the ground of the title or right, stating the value of the property, and delivered to the person making the levy,…
AS 09.35.140 Notice of sale on execution.
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(a) Before the sale of property on execution, notice of the sale shall be given as follows: (1) notice of the sale of personal property is given by posting a written or printed notice of the time and place of sale in three public places within five miles of the place where the sa…
AS 09.35.142 Action to establish newspaper or Internet website status.
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A person who owns a publication may bring an action under AS 22.10.020(g) to establish that the publication is a newspaper of general circulation under AS 09.35.140. A person who owns an Internet website may bring an action under AS 22.10.020(g) to establish that the Internet web…
AS 09.35.150 Sale.
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All sales of property upon execution shall be made at auction between nine o'clock in the morning and four o'clock in the afternoon. After sufficient property has been sold to satisfy the execution, no more may be sold. Neither the officer holding the execution nor a deputy may b…
AS 09.35.160 Postponement of sale.
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(a) If, at the time appointed for the sale, the person conducting it considers it to the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, the sale may be postponed from time to time, but each postponement may not exceed one week. …
AS 09.35.170 Bill of sale for personal property.
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When the purchaser of personal property capable of manual delivery and not in the possession of a third person, association, or corporation pays the purchase money, the peace officer shall deliver the property to the purchaser, and if desired, shall give the purchaser a bill of s…
AS 09.35.180 Confirmation of sale or resale.
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(a) Where real property executed upon has been sold, the judgment creditor may, upon motion, apply for an order confirming the sale. The judgment debtor may object to the confirmation of the sale on the grounds that there were substantial irregularities in the proceedings of sale…
AS 09.35.190 Eviction of purchaser.
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If the purchaser of real property sold on execution, or a successor in interest is evicted from the property because of irregularities in the proceedings concerning the sale or the reversal or discharge of the judgment, the purchaser or a successor may recover the price paid with…
AS 09.35.200 Contribution among joint judgment debtors.
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When property liable to an execution against several persons is sold and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them or one of them pays more than a due proportion without a sale, that person may compel co…
AS 09.35.210 Absolute sales and right of redemption.
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Sales of real property, when the estate is less than a leasehold of two years unexpired term, are absolute. In all other cases, the real property or interest in real property is subject to redemption. The person conducting the sale shall give to the purchaser a certificate of the…
AS 09.35.220 Redemption.
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Property sold subject to redemption or any part separately sold may be redeemed by the following persons or their successors in interest: (1) the judgment debtor; and (2) a creditor having a lien by judgment or mortgage on the property sold or on some part of it subsequent in tim…
AS 09.35.230 Redemption by lien creditor from purchaser.
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A lien creditor may redeem the property at any time within 60 days after the date of the order confirming the sale on paying the amount of the purchase money, with interest at the rate of eight percent a year from the date of the sale, together with the amount of taxes and the ex…
AS 09.35.240 Subsequent redemptions.
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The property may be again, and as often as a lien creditor or redemptioner is disposed, redeemed from the previous redemptioner within 60 days after the last redemption on paying the sum paid on the last redemption, with interest at eight percent a year from the date of the last …
AS 09.35.250 Redemption by judgment debtor or successor.
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The judgment debtor or a successor in interest may redeem the property before the confirmation of sale on paying the amount of the purchase money, with interest at the rate of eight percent a year from the date of sale, together with the amount of any taxes, and, in the case of u…
AS 09.35.260 Conveyance of property.
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If no redemption is made within the time prescribed, the purchaser or last redemptioner is entitled to a conveyance. If the judgment debtor redeems, the effect of the sale is terminated and the estate of the judgment debtor is restored.
AS 09.35.270 Procedure for redemption.
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(a) Redemption is made by paying the sum required to the peace officer. Upon a redemption, the peace officer shall give the person redeeming a certificate of redemption containing the sum paid on redemption, from whom redeemed, and the date of such redemption, and the peace offic…
AS 09.35.280 Priority of redemption.
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If more than one person applies to the peace officer at the same time to redeem, the person having the prior lien is entitled to redeem first.
AS 09.35.290 Redemption payment or refusal to permit redemption.
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The peace officer shall immediately pay the money over to the person from whom the property is redeemed. A person's right to redeem may not be prejudiced by the refusal of the peace officer to allow the redemption.
AS 09.35.300 Waste.
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(a) Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property by order granted with or without notice on the application of the purchaser or judgment creditor. It is not waste for the person in possession of the proper…
AS 09.35.310 Rights of purchaser and redemptioner.
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The purchaser, from the time of sale until a resale or a redemption, or a redemptioner, from the time of redemption until another redemption, is entitled to the possession of the property purchased or redeemed. Where the property is in the possession of a tenant, the purchaser or…
AS 09.35.320 Arrest of judgment debtor and undertaking.
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The court may order a peace officer to arrest the judgment debtor and bring the debtor before the court upon satisfactory proof that the debtor is leaving the state with intent to defraud the debtor's creditors or is absconding. Upon being brought before the court, the judgment d…
AS 09.35.330 Satisfaction of judgment when judgment debtor is creditor of state or political subdivision.
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Salary, wages, credits, or other personal property in the possession or under the control of the state, or an organized or unorganized borough, city, incorporated town, school district, or other political subdivision, or a board, institution, commission, or officer of the state, …
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…