Alaska Court System Self-Help

There are two options to file a case to collect a debt:

• a small claims case which uses informal procedures, or
• a formal civil case in district court to collect a debt (also known as a debt collection case) which uses the formal Rules of Civil Procedure.

See the chart below to decide which case is right for you.

Learn more about the small claims process and small claims forms.

Small Claims Flowchart.

In district court, a creditor starts a debt collection case by filing a Complaint with the court against the person who owes the debt. In the case, the creditor is called the "Plaintiff" and the person who receives the Complaint is called the "Defendant." The Plaintiff must provide a copy of the Complaint and a Summons to the Defendant by either (1) certified mail, return receipt, restricted delivery or (2) by using a process server. This is called "serving" the Defendant.

The Defendant responds by filing an Answer that addresses each issue the Plaintiff raised in the Complaint, adds any appropriate affirmative defenses and counterclaims, and may also offer to pay in some fashion.

If the Defendant does not agree to pay the debt, the parties may:

• try to settle the case, or
• ask the Judge to decide without a trial based on a Motion for Summary Judgment or a Motion for Judgment on the Pleadings.
• If the case does not resolve through these methods, the court will schedule a trial to hear the evidence and decide the issues.

After trial, the judge will issue a decision and if it finds the Defendant owes the Plaintiff the debt, the court will issue a judgment for a specific amount of money. The Defendant can voluntarily pay the debt, and if not, the Plaintiff can execute the judgment by going through a court process to collect the money from the Defendant's PFD, bank account, paycheck or property.

See formal debt collection flowchart

The main differences are:

1. Formality of procedure

• In small claims court, pleadings and other documents you file with the court are brief and can be more informal than those in a formal civil case in district court.
• In small claims court, the judge can generally consider anything that relates to the facts that help the judge decide the case. In a formal civil case in district court, the judge or jury can only consider evidence that is admissible under the Alaska Rules of Evidence. This means if one side doesn't follow the Rules of Evidence, the other side can object and if the judge agrees with the objection, that evidence cannot be considered.
• When a witness testifies in a formal civil case in district court, generally only the other party or the other party's attorney asks the witness questions; the questions must follow the formal evidence rules on questioning witnesses on direct, cross or re-direct examination. In small claims court, the questions can be more informal and the judge can ask the witnesses questions.

2. Attorney Fees

If you win your case, the court can order the other party to reimburse you for your legal costs and, if you had an attorney representing you, reimburse some of what you paid the attorney. This is called awarding you attorney fees and court costs, but the calculation is different:

• in small claims court, the most the court can award you is $1000. Read more in Alaska District Court Rule 20(c).
• in a formal civil case in district court, the award is generally only between 3-30% of your actual attorney fees and court costs. Read more in Alaska Civil Rule 82.

3. Jury Trial

• In small claims court, only a judge may decide the outcome of a trial. There is no right to a jury trial.
• In formal civil cases in district court, either party may ask the court for a jury trial by requesting it in writing, within the first 10 days after the Complaint and Answer (and Answer to Counterclaim, if used in the case) are filed.
• A jury trial can greatly increase the legal fees and costs in a case, which may mean the unsuccessful party is ordered to pay more in attorney fees and costs to the successful party after the trial.

Any person or company can sue someone to collect a debt. The person or company suing is called the "Plaintiff" or creditor. The person being sued is called the "Defendant" or debtor. A Plaintiff can be a credit card company, a bank, a hospital, or any other person or company that says the Defendant did not pay a debt.

Sometimes creditors sell their debts to another company like a collection agency. That company may have the right to start a case against the debtor in court, and then the collection agency would be the Plaintiff or creditor.

You can use:

• Complaint to Collect a Debt, CIV-480

The Complaint has 4 parts:

The Caption:

• At the top of the page, circle "District" if you are filing your case in District Court (debt collection cases up to $100,000), or "Superior" if you are filing your case in Superior Court (debt collection cases to collect over $100,000).
• Write the name of the city where you will file the case on the line for the court's location.
• Write your full name on the line above where it says "Plaintiff."
• Write the other party's full name on the line above where it says "Defendant."
• When you file your case, the clerk will write in your case number.

The Complaint Paragraphs: This is where you tell the court what the case is about.

The Request for Relief: List all the things you want the court to order at the end of the case:

• The total amount that the Defendant owes you.
• Interest if wanted. If your contract had a specific interest amount, write it on the line. If not, you can use the statutory interest rate.
• costs and attorney fees if wanted.
• Anything else you want the court to order.

The Included Documents and Contact Information:

List the documents you are including:

• A copy of the contract.
• Summons, CIV-100 Anchorage | Fairbanks | Kenai | Palmer | All Other Locations (REQUIRED). Write your name above the line that says Plaintiff(s) and the Defendant's name above the line that says Defendant(s). Write the Defendant's name after it says, 'To Defendant' and then again on the first line of the first paragraph. Write the Defendant's complete address on the next line in the first paragraph. The clerk will fill out the rest.
• Case Description Form, CIV-125D for District Court and CIV-125S for Superior Court (REQUIRED) – check the box for "Debt Collection" under Debt/Contract
• .If you want a jury trial, include a separate written request for one (this must be done with the Complaint or within 10 days of filing your Complaint). If you don't request a jury trial, the trial will be before just the judge which is how most trials happen.
• Anything else you think would be helpful or important.

Fill out your contact information and sign the bottom of the last page. It is important that the court always have current contact information for you so you can be notified of orders or court hearings.

After you fill out the Complaint to Collect a Debt, you must file it with the court and then serve the Defendant.

After you fill out the Complaint to Collect a Debt, CIV-480 and other required forms, make 2 copies of every document you are filing (so you have 2 copies and the original) and complete these steps:

• Bring the original to your local court with both copies of the summons.
• Pay the filing fee (check or money order) unless you are asking for a fee waiver.
• When you open the case, the court clerk will fill out the case number and the bottom half of your summons. Write that case number on both copies of the Complaint to Collect a Debt. You will need that number for every document you file in the case.
• Keep one copy of all the documents you filed for your records.
• Serve the Defendant with the completed summons and the other copy of all the documents you filed.

To serve the Defendant, you must give the Defendant copies of the Complaint to Collect a Debt, completed Summons, and any other documents you filed with the court. If the Defendant does not file an Answer, you must give the court notice that you served the Defendant within 120 days of filing your Complaint to be able to ask for a default judgment and move ahead in the case without the Defendant's participation.

There are 2 ways you may serve the Defendant with the Complaint and other required documents:

1. Mailing it certified mail, restricted delivery, return receipt (using the green postcard), or
2. Hiring a process server.

You CANNOT serve the completed Summons and complaint by hand delivery or first-class US mail.

Certified Mail

Process Server

You must try hard to:

• find the opposing party, and
• serve the documents that start a case.

This is called diligent inquiry. The judge will require you to do everything you can to find the opposing party to serve a copy of your documents. If you are having trouble locating the opposing party, please read Tips on Locating People which gives many ideas to find someone. You will need to try most of these things before the court will allow your case to move forward.

After you have completed your diligent inquiry:

• if you can't find the opposing party, you can file a request with the court asking for permission to serve the opposing party by alternate service.
• If you found the opposing party and tried to serve the documents by certified mail/restricted delivery/return receipt AND hired a process server, but the opposing party avoided service, you can ask for permission to serve the opposing party by alternate service.

Read about the alternative service process.

You only need to file proof that you have served the Defendant if you ask the court to enter a default judgment and decide the case based on only the information you provided. You can read more about asking for a default judgment. The Debt Default Application includes instructions for telling the court about how you served the Defendant.

You only need to file proof that you have served the Defendant if you ask the court to enter a default judgment and decide the case based on only the information you provided. You can read more about asking for a default judgment. The Debt Default Application includes instructions for telling the court about how you served the Defendant.

If you cannot afford the filing fee, you may be eligible for a fee waiver. To ask the judge to waive your fees, file:

• Request for Exemption from Payment of Fees, and Order TF-920

The court will hold on to your Complaint to Collect a Debt until after the judge rules on the fee waiver. If granted, the court will fill out the bottom half of your Summons. You cannot serve the other party until after you get the completed Summons, and you will not get a completed Summons until after the court rules on fee waiver request. At some courts, you must return to the court to get your completed Summons, other courts will issue it automatically after the waiver is granted. Check with your local court to make sure you understand the procedure in using this form and getting the completed Summons.

If the Defendant files an Answer and raises a claim against you, called a counterclaim, you have 20 days to file an Answer to Counterclaim to tell the judge if you agree or disagree with any counterclaims raised. You can use this form:

• Answer to Counterclaim, CIV-482

After you fill out the Answer to Counterclaim form, make 2 copies (so you have 2 copies and the original).

• Give 1 copy to the Plaintiff's attorney (or the Plaintiff if there is no attorney) by either first class U.S. mail or hand delivery. This is called serving the other side. Write when and how you served the Plaintiff at the bottom of the original Answer to Counterclaim form in the Certificate of Service Section.
• Keep 1 copy for your records.
• File the original Answer to Counterclaim in court within 20 days of being served with the Answer. Count every day. If it ends up due on a Friday, Saturday, Sunday, or holiday, it is due the next day the court is open. Remember, the courts close at noon Fridays. File in the court location where you filed the Complaint.

The Defendant should not respond; the Answer to Counterclaim should be the final pleading and the case will proceed.