Alaska Procedural Requirements for Wage Garnishment

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Alaska Procedural Requirements

A plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy the judgment. Alaska Code Civil. P. _ 09.40.010.

Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose. Alaska Code Civil. P. _ 09.40.025. All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff for the amount of the property or debts until the attachment is discharged or the judgment recovered by plaintiff is satisfied. Alaska Code Civil. P. _ 09.40.040.

When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and description of any personal property in the person's possession belonging to the defendant, or any debt the person owes to the defendant. If the person refuses to do so, or if the statement is unsatisfactory to the plaintiff, the person may be ordered to appear before the court and be examined concerning the property or debt. Alaska Code Civil. P. _ 09.40.060.

A party in whose favor a judgment is given that requires the payment of money may have a writ of execution issued for its enforcement. Alaska Code Civil. P. _ 09.35.010. All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempted by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Alaska Code Civil. P. _ 09.35.070.

The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied. Alaska Code Civil. P. _ 09.35.100.

Interest Rate at which Judgments Accrue

The rate of interest on judgments and decrees for the payment of money is 10.5 percent a year, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specific rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree. Except when the court finds that the parties have agreed otherwise, prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier. Alaska Code Civil. P. _ 09.30.070.