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Rule 69. Execution-Examination of Judgment Debtor-Restraining Disposition of Property- Execution After Five Years.
(a) Execution - Discovery. Process to enforce a judgment shall be by a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with these rules and applicable statutes. In aid of the judgment or execution, the judgment creditor or a successor in interest, when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these rules.
(b) Examination of Judgment Debtor in Court.
(1) Before or after the issuing of an execution against property, the judgment debtor may be made to appear before the court, or before a master appointed by such court, at a time and place specified by an order, and to answer under oath all questions concerning property the judgment debtor has which may be subject to execution. The court may also order the debtor to bring to the examination documents concerning property which may be subject to execution.
(2) The examination may be reduced to writing and filed with the clerk by whom the execution was issued. Either party may examine witnesses in that party's behalf. If by such examination it appears that the judgment debtor has any property liable to execution the court shall make an order requiring the judgment debtor to apply the same in satisfaction of the judgment, or that such property be levied on by execution, or both, as may seem most likely to effect the object of the proceeding.
(c) Order Restraining Disposition of Property. At the time of allowing the order prescribed in subdivision (b)(1) of this rule or at any time thereafter pending the proceeding, the court may make an order restraining the judgment debtor from selling, transferring, or in any manner disposing of any property liable to execution pending the proceeding. For disobeying any order or requirement authorized by this rule the judgment debtor may be punished as for a contempt.
(d) Execution After Five Years. Whenever a period of five years shall elapse without an execution being issued on a judgment, no execution shall issue except on order of the court in the following manner:
(1) The judgment creditor shall file a motion supported by affidavit with the court where the judgment is entered for leave to issue an execution. The motion and affidavit shall state the names of the parties to the judgment, the date of its entry, the reasons for failure to obtain a writ for a period of five years and the amount claimed to be due thereon or the particular property of which possession was adjudged to the judgment creditor remaining undelivered.
(2) Upon filing such motion and affidavit the judgment creditor shall cause a summons to be served on the judgment debtor in accordance with the provisions of Rule 4. In the event the judgment debtor is deceased, the summons may be served upon the judgment debtor's representative. The summons shall state the amount claimed or the property sought to be recovered under the judgment.
(3) The judgment debtor, or, in the event of his death, the judgment debtor's representative, may file and serve a verified answer to such motion within the time allowed to answer a complaint, alleging any defense to such motion which may exist. The judgment creditor may file and serve a verified reply to such answer. The judgment debtor waives all defenses and objections which the judgement debtor does not present by answer as herein provided.
(4) The order shall specify the amount for which execution is to issue, or the particular property possession of which is to be delivered.
(5) At the time of filing the motion for leave to issue execution or at any time thereafter before the final order is entered, the judgment creditor may cause the property of the judgment debtor to be attached and held during the time said motion is pending and until the final order is entered. Such attachment shall be made in accordance with these rules and applicable statutes, and for the purpose of such attachment the judgment shall be deemed an implied contract for the direct payment of money. In the event that the court shall order that execution be issued, it shall further order that any property of the judgment debtor attached hereunder shall be sold for the satisfaction of such execution and the peace officer shall apply the property attached by the peace officer or the proceeds thereof upon the execution.
(e) Multiple Executions.
(1) Only one original writ of execution and one original writ of execution for garnishment of earnings may be issued and outstanding at any one time except:
(a) An additional writ of execution may be issued while another is outstanding if either of the writs is to be served on the Department of Revenue to seize the debtor's Alaska Permanent Fund Dividend; or
(b) Additional writs may be issued if the creditor alleges facts by affidavit which show there is property which cannot be served by the process server holding an outstanding writ because the property is outside the community in which the process server is authorized to operate and there is good cause to believe the debtor may remove or dispose of the property unless immediate action is taken.
(2) A process server to whom a writ of execution is issued may make copies of the writ as necessary. However, no writ or copies may be transferred to another process server except within the same firm. If the creditor discovers property which could be seized under the writ in another community in which the original process server does not serve, the outstanding writ must be returned to the court so that the clerk of court can cancel the first writ and issue a new writ to a process server serving the other community.
(f) Service of Writ of Execution and Other Paper. (1) If personal service is used, the clerk shall deliver the papers for service to a process server or to a person specially appointed to serve them. Papers allowed to be served by registered or certified mail shall be mailed by the clerk as provided in Civil Rule 4(h). Postal delivery receipts for writs of execution served on the Permanent Fund Division of the Department of Revenue shall be made returnable to the judgment creditor. All other postal delivery receipts shall be made returnable to the court.
(2) A process server who receives money as a result of a levy must deliver the money and a return of service to the court on the next day of business after receipt. The process server must file the original writ unless the money received by the server will satisfy only part of the judgment and the server expects to seize more money or property with the writ. In this situation, the process server may make a partial return by delivery to the court of all money received, a return of service and a copy of the writ. The original writ must be returned to the court when the process server no longer expects to seize more money or property with the writ.
(g) Confirmation of Sale of Real Property on Execution - Objections - Disposition of Proceeds.
(1) Confirmation. Where real property has been sold on execution the plaintiff in the writ of execution, on motion, is entitled to have an order confirming the sale, after the expiration of 10 days after the filing of the return of sale, unless the judgment debtor has filed objections to the sale within 10 days after the filing of the return of sale.
(2) Objections. If objections are filed the court shall determine at a hearing whether there were substantial irregularities in the proceedings of sale which caused probable loss or injury to the judgment debtor. If not, the order confirming the sale shall be granted. If so, the court shall deny the motion and direct that the property be resold, in whole or in part as upon an execution received of that date.
(3) Disposition of Proceeds of Sale. After entry of an order confirming the sale of real property, the clerk shall apply the proceeds of the sale, or so much thereof as may be necessary, in satisfaction of the judgment and costs. Any proceeds remaining shall be paid to the judgment debtor. Such payments shall be made prior to the entry of the order of confirmation if the judgment debtor files with the clerk a waiver of all objections made or to be made to the proceedings concerning the sale.
(h) Execution on Alaska Permanent Fund Dividends.
(1) When an Alaska Permanent Fund Dividend is levied upon to satisfy a judgment, the Department of Revenue may deliver the seized funds directly to the court instead of turning them over to the process server who served the writ. Upon receipt of the funds, the court shall promptly notify the process server of the amount seized. Based on this information, the process server shall prepare and file a return of service. The court shall disburse the funds as provided by law.
(2) The administrative director may adopt procedures for executing upon Alaska Permanent Fund dividends by electronic means to satisfy judgments in criminal and minor offense cases and judgments in other cases in favor of the state. The procedures shall be established by administrative bulletin and may include procedures for issuance of writs of execution in electronic format, service of writs and notices of levy by electronic means, return of service, deposit of funds seized and other execution procedures.
(Adopted by SCO 5 October 9, 1959; amended by SCO 56 effective November 1, 1963; by SCO 258 effective November 15, 1976; by SCO 465 effective June 1, 1981; by SCO 675 effective June 15, 1986; by SCO 721 effective December 15, 1986; by SCO 1094 effective January 15, 1993 by SCO 1125 effective July 15, 1993; and by SCO 1135 effective July 15, 1993; by SCO 1138 effective July 15, 1994; by SCO 1153 effective July 15, 1994; and by SCO 1290 effective October 1, 1997)
NOTE to Civil Rule 69(h): See Administrative Bulletins 43, 43.1, and 43.2.
Cross References
CROSS REFERENCES: AS 09.30.030; AS 09.35.010 - AS 09.35.330
(a) CROSS REFERENCE: AS 09.35.010
(b)(1) CROSS REFERENCES: AS 09.35.070 - AS 09.35.090
(d)(1) CROSS REFERENCES: AS 09.35.020
(d)(2) CROSS REFERENCES: AS 09.35.060
(e)(1) CROSS REFERENCE: AS 09.35.180
(e)(2) CROSS REFERENCES: AS 09.35.180
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
