Alaska Court System Self-Help

A document that the judge signs at the end of a case that states the decision. If the decision is that one party has to pay the other money, the judge may enter a written judgment for payment of money. It lists the amount that has to be paid, any interest rate that applies, and can include other costs like attorney fees. .

If you have a court case and the judge decides that one person owes another person money, the court will enter a judgment and give both sides a copy.

Sometimes parties in a case reach an agreement to settle the dispute. Parties may agree the court will not enter a judgment at that time. In those cases, if one party does not follow the agreement, the other party may ask the judge to enter a judgment. Use Motion to Convert Settlement Agreement into a Judgment, CIV-490. The other party may file an Opposition to the Motion within 10 days from the date the motion was hand-delivered or emailed, or 13 days from the date it was mailed. Use Opposition to Motion to Convert Settlement Agreement into a Judgment, CIV-491.

Generally, no. There is usually a brief waiting period after the judgment is distributed before the court issues a writ of execution. In a small claims case, you must wait 48 hours from the distribution date of the judgment. However, in any type of case, if the judgment was a confession of judgment or by default, you can file the execution paperwork immediately.

You may also be prohibited from filing execution paperwork after winning your judgment if the debtor has gotten a stay of execution or has filed for bankruptcy in federal court. Please note: there may be other circumstances that prevent or delay you from beginning execution procedures.

You can ask the court for a Judgment Debtor Hearing. A judgment debtor hearing is a court proceeding where the debtor is placed under oath and the creditor asks the debtor about property and assets and where things are located. Any party may bring a lawyer to the hearing.

A creditor can ask the court for a judgment debtor hearing by filing Motion and Order for Judgment Debtor to Appear, CIV-540. A creditor can learn more about how to fill out this form by reading Execution Procedure: Judgment Creditor Booklet, CIV-550.

At the hearing, the judge or clerk will ask the debtor to take the witness stand. The debtor will have to swear (or affirm) that he or she will truthfully answer any questions asked.

The judge will then tell the creditor (or the creditor's lawyer) that the creditor may begin asking the debtor questions.

Generally, the creditor can ask any question about the debtor's assets and current and possible future financial situation. The following are a few things the creditor could ask about:

• Place of employment and amount of earnings
• Any income from sources other than the debtor's job
• Location and value of any houses, land, etc. that the debtor owns or has an interest in
• Location, description and value of any motor vehicles, airplanes, boats, etc. that the debtor owns or has an interest in
• Any businesses the debtor owns
• Bank accounts (location and amount)
• Stocks, bonds, certificates of deposit, savings bonds, time certificates, money market funds, etc.
• Safety deposit box
• Interest or dividend payments from any source (including Alaska Permanent Fund dividends)
• Whether anyone owes money to the debtor
• Whether the debtor has an income tax refund coming
• Cash currently in the debtor's possession
• Other valuables (jewelry, paintings, stereo equipment, etc.)

The debtor can object to the creditor's questions. If an objection is made, the judge will have to decide if the creditor's question is relevant, that is, if it has some logical relationship to the debtor's current or future financial situation. If the judge decides the question is not relevant, the debtor does not have to answer it. If the judge decides the question is relevant, the debtor must answer it or the judge can hold the debtor in contempt of court.

The debtor may have exempt property, which is property that is protected by law from being taken to pay the judgment. The debtor can tell the creditor and the court about exempt property at the judgment debtor hearing. A debtor can learn more about exempt property by reading Judgment Debtor Booklet, CIV-511.

If the examination shows that the debtor has property that could be executed upon, the judge can order the debtor to use the property to satisfy the judgment. Alternatively, the creditor can use the information gained at the hearing to locate the debtor's property and have it seized by asking the court for a Writ of Execution, which a creditor can learn more about by reading Execution Procedure: Judgment Creditor Booklet, CIV-550.

Before you file anything, read:

• Execution Procedure: Judgment Creditor Booklet, CIV-550
• Judgment Debtor Booklet, CIV-511

You have many decisions to make about how you proceed and what property you go after. For instance, some types of property are exempt from execution, or others, like the PFD, have a limit as to how much you can get. These booklets will help you make those decisions and understand the entire process.

• Information for Issuance of Writ of Execution, CIV-501
• Writ of Execution on PFD, CIV-502 (the court will provide this form)
• Executing on the Permanent Fund Dividend: Creditor's Instructions, CIV-503
• Service Instructions for Writ of Execution, CIV-560

NOTE: While all of these forms are available electronically, in some courts you will be required to provide all necessary photocopies. Also, please note that the writs are generated electronically and you do not need to submit CIV-502 when you file your packet.

• Information for Issuance of Writ of Execution, CIV-501
• Writ of Execution for Garnishment of Earnings, CIV-525 (the court will provide this form)
• Employer's Response, CIV-526
• Notice of Garnishment and Notice of Right to Exemptions, CIV-530
• Claim of Exemption from Garnishment, CIV-531
• Service Instructions for Writ of Execution for Garnishment of Earnings, CIV-561

NOTE: While all of these forms are available electronically, in some courts you will be required to provide all necessary photocopies. Also, please note that the writs are generated electronically and you do not need to submit CIV-525 when you file your packet.

• Writ of Execution, CIV-500 (the court will provide this form)
• Information for Issuance of Writ of Execution, CIV-501
• Creditor's Affidavit, CIV-505
• Notice of Levy, CIV-510
• Claim of Exemptions, CIV-515
• Service Instructions for Writ of Execution for Garnishment of Earnings, CIV-561

NOTE: While all of these forms are available electronically, in some courts you will be required to provide all necessary photocopies. Also, please note that the writs are generated electronically and you do not need to submit CIV-500 when you file your packet.

You may need to file a Satisfaction of Judgment with the court and serve it on the debtor. You can read more about Satisfactions of Judgment and serving the other party.

Yes. You should read both of the following booklets before you try to file execution paperwork:

• Execution Procedure: Judgment Creditor Booklet, CIV-550
• Judgment Debtor Booklet, CIV-511

You may also see the list of online forms used in the execution process at Civil Forms - Process after Judgment (Executions, etc.). The complete list of civil forms can be viewed in the Forms Catalog.