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2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 35. Execution › Sec. 09.35.300. Waste.

(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 property at the time of sale or entitled to possession afterwards to continue to use it during the period allowed for redemption in the same manner in which it was previously used, or to use it in the ordinary course of husbandry, or to make the necessary repairs to buildings or fences, or to use wood or timber on the property for the repairs or for fuel for the family of the person in possession during occupancy.
(b) The purchaser at the execution sale or a subsequent purchaser may apply to the court for permission to make necessary repairs to preserve the property against waste or to insure the property against loss during the redemption period. If ordered by the court, the person making the necessary repairs or paying the insurance is entitled to reimbursement for the expenses from the person redeeming the property under this chapter.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 35. Execution › Sec. 09.35.310. Rights of purchaser and redemptioner.

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 redemptioner is entitled to receive the rents of the property or the value of the use and occupation of the property.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 35. Execution › Sec. 09.35.320. Arrest of judgment debtor and undertaking.

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 debtor may be ordered to enter into an undertaking with one or more sufficient sureties that the debtor will appear before the court when directed, and that the debtor will not, during the pendency of the proceedings, dispose of any portion of the debtor's property not exempt from execution. In default of entering into the undertaking, the judgment debtor may be committed to jail.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 35. Execution › Sec. 09.35.330. Satisfaction of judgment when judgment debtor is creditor of state or political subdivision.

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, belonging or owed to any person, is subject to attachment and execution in the manner and with the effect as property in the possession of private persons. A clerk or officer of a court is not required to answer as to any money or property in the clerk's or officer's possession in the custody of the law.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.010. Homestead exemption.

(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 property owned by the entirety or in common is used by one or more individual owners or their dependents as their principal residence, each owner is entitled to a homestead exemption of that owner's interest in the property as provided in (a) of this section. The aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed $54,000. If there are multiple owners of property exempt as a homestead, the value of the exemption of each individual owner may not exceed the individual owner's pro rata portion of $54,000.
(c) If property that includes a homestead is sold under an execution, the sale becomes effective upon confirmation by order of the court. The court shall enter the order of confirmation unless, within 60 days after the sale, the individual repurchases the property under this section or the court extends the time for confirmation upon the filing of a timely motion by a party in interest. The individual may repurchase property, including that individual's homestead, at a sale on execution before confirmation by paying into court the costs of the sale plus the lesser of either (1) the difference between the highest bid and the amount of the exemption in the property, or (2) the amount of the creditor's claim. If the individual does not exercise the repurchase right under this subsection, the clerk of the court shall first remit an amount determined to be exempt to the individual from the proceeds of sale and the balance less the cost of the sale to the creditor. For the purpose of collecting an amount remaining unpaid on a judgment after repurchase of property by an individual under this subsection, the creditor or the creditor's assignee may not make another levy on the property repurchased.
(d) Upon entry of the order of confirmation under (c) of this section and expiration of the time period for repurchase, the clerk may execute a deed to the property and when delivered it shall be sufficient to convey all title of the individual in the premises sold to the purchaser at the sale.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.015. Property exempt without limitation.

(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 medical, surgical, or hospital care to the extent they are or will be used to pay for the care;
(4) an award under AS 18.67 (Violent Crimes Compensation Board) or a crime victim's reparations act of another jurisdiction;
(5) benefits paid or payable as a longevity bonus under AS 47.45;
(6) compensation or benefits paid or payable and exempt under federal law;
(7) liquor licenses granted under AS 04;
(8) tuition credit or savings accounts under an education savings account established under AS 14.40.802 or an advance college tuition savings contract authorized under AS 14.40.809(a);
(9) a permanent fund dividend to the extent allowed under AS 43.23.140;
(10) benefits paid or payable under AS 47.45.301 - 47.45.309.
(b) The right to benefits held by the state on behalf of an individual that may become payable by reason of disability, unemployment, or illness, amounts held in the teachers', judicial, or public employees' retirement system, or in the elected public officers' retirement system under former AS 39.37, and child support collections made by the child support services agency are exempt.
(c) Property of the state, a municipality, and of the Alaska Municipal Bond Bank Authority or another state public corporation is exempt.
(d) Real property held by a cemetery association established under AS 10.30 for the purpose of a cemetery and not exceeding 80 acres is exempt.
(e) Money held in an escrow account under AS 06.60.360 is exempt.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.020. Exemptions of personal property subject to value limitations.

(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 personal use of the individual or a dependent, books and musical instruments; and
(3) family portraits and heirlooms of particular sentimental value to the individual.
(b) An individual is entitled to exemption of jewelry, not exceeding $1,000 in aggregate value, if held for the personal use of the individual or a dependent.
(c) An individual is entitled to exemption, not exceeding $2,800 in aggregate value, of implements, professional books, and tools of the trade.
(d) An individual is entitled to the exemption of pets to the extent of a value not exceeding $1,000.
(e) An individual is entitled to an exemption of one motor vehicle to the extent of a value not exceeding $3,000 if the full value of the motor vehicle does not exceed $20,000.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.025. Exemption of unmatured life insurance and annuity contracts.

(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 $500,000, a creditor may obtain a court order requiring the individual debtor to pay the creditor, and authorizing the creditor on the debtor's behalf to obtain payment of, the amount of the accrued dividends and loan values in excess of $500,000 or the amount of the creditor's claim, whichever is less.
(b) A judgment creditor or other claimant of an insurer may not levy upon any of the assets or securities held in this state as a deposit for the protection of the insurer's policyholders or policyholders and creditors. Deposits under AS 21.09.270 may be levied upon if provided in the order of the director of insurance, Department of Commerce, Community, and Economic Development, under which the deposit is made.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.035. Continuing lien on wages.

(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 extent that they are not exempt from garnishment, and that lien shall continue as to subsequent nonexempt earnings until the total subject to the lien equals the amount stated on the writ of garnishment, except that the lien on subsequent earnings shall terminate sooner if the employment relationship is terminated, if the underlying judgment is vacated, modified, or satisfied in full, or if the writ is dismissed.
(b) A garnishee shall pay into court all nonexempt earnings of the defendant subject to the continuing lien under (a) of this section. Accrued interest on the judgment or balance due as reflected on the writ of attachment may be garnished under a supplemental writ of garnishment after the principal amount stated on the original writ of garnishment has been paid.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.040. Priorities between continuing liens.

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 statement that the employer is holding no funds and with a further statement stating when all previous liens are expected to terminate. The subsequent writ has full effect from the termination of all prior liens or until it is otherwise terminated under AS 09.38.035. However, a subsequent writ is not effective if a writ in the same cause of action is pending at the time of service of garnishment.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.050. Increased exemption amount.

(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 the request as required by the court. The court shall determine the exemption amount after consideration of the individual's responsibilities and all the present and anticipated property and income of the individual, including that which is exempt.
(b) The exemption amounts under AS 09.38.030 may be increased when the individual submits an affidavit, under penalty of perjury, stating that the individual's earnings alone support the individual's household; by so doing, the maximum part of the individual's aggregate disposable earnings for any week subject to execution may not exceed the amount by which the individual's disposable earnings for that week exceed $550, or, if the individual is claiming an exemption for cash or other liquid assets under AS 09.38.030(b), a maximum amount of $2,200 available in a month is exempt.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.055. Bankruptcy proceedings.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.060. Tracing exempt property.

(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 09.38.020(c), has been taken or sold by condemnation, or has been lost, damaged, or destroyed and the owner has been indemnified for it, the individual is entitled to an exemption of proceeds that are traceable for 12 months after the proceeds are received. An individual is entitled to an exemption of proceeds from the voluntary sale of an exempt homestead under AS 09.38.010 that are traceable for six months after the proceeds are received. The exemption of proceeds under this subsection does not entitle the individual to claim an aggregate exemption in excess of the value limitation otherwise allowable under AS 09.38.010 or 09.38.020.
(b) Money or other property and proceeds exempt under this chapter are traceable under this section by application of the principle of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the individual claiming the exemption.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.065. Claims enforceable against exempt property.

(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 one month's compensation for personal services of an employee; or
(C) state or local taxes;
(2) a creditor may make a levy against exempt property to enforce a claim for
(A) the purchase price of the property or a loan made for the express purpose of enabling an individual to purchase the property and used for that purpose;
(B) labor or materials furnished to make, repair, improve, preserve, store, or transport the property; and
(C) a special assessment imposed to defray costs of a public improvement benefiting the property; and
(3) a creditor may make a levy against exempt property of any kind to enforce the claim of a victim, including a judgment of restitution on behalf of a victim of a crime or a delinquent act, if the claim arises from conduct of the debtor that results in a conviction of a crime or an adjudication of delinquency, except that the debtor is entitled to an exemption in property
(A) not to exceed an aggregate value of $3,000 chosen by the debtor from the following categories of property:
(i) household goods and wearing apparel reasonably necessary for one household;
(ii) books and musical instruments, if reasonably held for the personal use of the debtor or a dependent of the debtor; and
(iii) family portraits and heirlooms of particular sentimental value to the debtor; and
(B) not to exceed an aggregate value of $2,800 of the debtor's implements, professional books, and tools of the trade.
(b) Except as provided in AS 09.38.070 limiting the enforcement of certain security interests, this chapter does not affect any statutory lien or security interest in exempt property.
(c) A creditor having a claim enforceable under (a) of this section against exempt property, before, at the time of, or a reasonable time after making a levy on property of an individual, shall serve on the individual a notice of the levy and of the basis for the creditor's right to make a levy on exempt property.
(d) [Repealed, § 40 ch 92 SLA 2001.]
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.070. Limitation on enforcement of certain security interests in exempt goods.

(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).
(b) Unless the individual, after receiving written notice of the individual's rights under this section, voluntarily surrenders to the secured creditor possession of an item of goods to which this section applies, the creditor may not take possession of the item or otherwise enforce the security interest according to its terms without an order or process of court.
(c) The court may order or authorize process respecting any item of goods to which this section applies only after a hearing, upon notice to the individual of the hearing and of the individual's rights at it. The notice shall be as directed by the court. The order or authorization may prescribe appropriate conditions as to payments upon the debt secured or otherwise. The court may not order or authorize process respecting the item if it finds upon the hearing both that the individual lacks the means to pay all or part of the debt secured and that continued possession or use of the item is necessary to avoid undue hardship for the individual or a dependent.
(d) The court, upon application of the creditor or the individual and notice to the other and after a hearing and finding of changed circumstances, may vacate or modify an order or authorization under this section.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.080. Procedures applicable to a levy on property of an individual.

(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) Before, at the time of, or within three days after levy against property of an individual, the creditor shall file with the court from which the process issued an affidavit stating that the creditor has reason to believe the individual has property that is not exempt, identifying the property, and stating facts constituting the basis for that belief.
(c) Before, at the time of, or within three days after levy, the creditor shall serve on the individual a notice under AS 09.38.085, including a copy of the affidavit filed under (b) of this section.
(d) A bid for property that is less than the amount of the exempt value is not acceptable at a sale of property under a levy. If indebtedness secured by a valid lien is chargeable against the proceeds of the sale, the bid must exceed the amount of the indebtedness secured plus the amount of the exempt value. If a sufficient bid is not received, the officer shall file a notation of the fact with the clerk of the court and return the property to the individual. The costs incurred during levy, offering the property for sale, and returning the property shall be assessed against the creditor and are not recoverable from the individual, notwithstanding any agreement of the parties to the contrary.
(e) If any question arises as to the rights of an individual entitled to an exemption under this chapter, an interested person may file with the clerk of the court from which the process issued a statement of the claim of exemptions and the question raised. The statement shall be referred to the court as soon as practicable thereafter. The court shall order that notice of a hearing be given. After hearing the matter, the court shall make findings and issue an appropriate order. The court may award to the prevailing party costs of a proceeding under this subsection.
(f) An objection to levy on the ground that the property seized is exempt must be filed with the clerk of the court within 15 days after the levy. The burden of proving the validity of an exemption by a preponderance of the evidence is upon the individual claiming the exemption. Failure to file a timely objection may be held to be a waiver of a claim to exemption in the property, unless for cause shown the court excuses the failure.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.085. Contents of notice; forms.

(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 with whom objections must be filed;
(3) the name and address of the creditor and of the creditor's attorney, if any;
(4) a copy of the affidavit filed under AS 09.38.080(b);
(5) a summary statement in lay terminology of the exemptions provided by the laws of this state;
(6) a summary statement in lay terminology of the procedures for claiming exemptions, objecting to a levy on exempt property, changing venue, and exercising the right to repurchase homestead property from a sale before its confirmation; and
(7) a statement in lay terminology of the rights of persons other than the individual as provided in AS 09.38.090.
(b) The supreme court may prescribe forms to be used by creditors, debtors, and court officers under this chapter.
(c) A notice substantially complying with this section is effective even though the notice contains errors if those errors do not result in substantial prejudice to the rights of the individual debtor or of the dependents of the individual debtor.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.090. Assertion of rights by another.

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 assert the rights provided by this chapter.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.095. Judicial relief.

(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 Procedure. A court may award costs and reasonable attorney fees to a party entitled to injunctive relief or damages.
(b) For cause shown the court may relieve a person from the consequences of failing to take timely action to assert rights under this chapter.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.100. Debtor's property owned with another.

(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 in the property. A creditor who has obtained a levy, or a purchaser who has purchased the individual's interest at the sale, may have the property partitioned or the individual's interest severed.
(b) A partner's right in specific partnership property is exempt except on a claim against the partnership. If partnership property is attached for a partnership debt, the partners or any of them or the representatives of a deceased partner may not claim an exemption for that property under this chapter.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.110. Federal requirements.

If a federal department or agency issues a formal ruling that a section of this chapter relating to public assistance will cause a state plan for the delivery of services or benefits to be out of conformity with federal requirements, the section will not apply to the extent that it causes the program to be out of conformity with federal requirements.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.115. Adjustment of dollar amounts.

(a) The dollar amounts in this chapter change, as provided in this section, according to and to the extent of changes in the Consumer Price Index for all urban consumers for the Anchorage Metropolitan Area compiled by the Bureau of Labor Statistics, United States Department of Labor (the index). The index for January of 1982 is the reference base index.
(b) The dollar amounts change on October 1 of each even-numbered year if the percentage of change, calculated to the nearest whole percentage point, between the index for January of that year and the most recent index used to change the exemption amount, is 10 percent or more, but
(1) the portion of the percentage change in the index in excess of a multiple of 10 percent is disregarded and the dollar amounts change only in multiples of 10 percent of the amounts appearing in this chapter on August 26, 1982; and
(2) the dollar amounts do not change if the amounts required by this section are those currently in effect as a result of earlier application of this section.
(c) If the index is revised, the percentage of change is calculated on the basis of the revised index. If a revision of the index changes the reference base index, a revised reference base index is determined by multiplying the reference base index applicable by the rebasing factor furnished by the United States Bureau of Labor Statistics. If the index is superseded, the index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for Alaskan consumers.
(d) The Department of Labor and Workforce Development shall adopt a regulation announcing
(1) on or before June 30 of each year in which dollar amounts are to change, the changes in dollar amounts required by (b) of this section; and
(2) promptly after the changes occur, changes in the index required by (c) of this section, including, if applicable, the numerical equivalent of the reference base index under a revised reference base index and the designation or title of any index superseding the index.
(e) The Department of Labor and Workforce Development shall also provide notification of a change in exemption amounts required under (c) of this section to the clerks of court in each judicial district of the state.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 38. Alaska Exemptions Act › Sec. 09.38.120. Protection of property of residents and nonresidents.

(a) Residents of this state are entitled to the exemptions provided under this chapter. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence.
(b) The term “resident” means an individual who is physically present in the state and who intends to maintain a permanent home in the state.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.010. Actions in which attachment is authorized.

(a) At any time after an action has been commenced the plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment that may be recovered in the following cases:
(1) 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 a judgment that may be recovered by the plaintiff;
(2) in an action upon an express or implied contract against a defendant not residing in the state;
(3) in an action for the collection of a state tax or license fee.
(b) An attachment may not issue if the defendant gives security to pay a judgment that may be recovered as provided in AS 09.40.010 - 09.40.110.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.020. Undertaking.

Before the writ is issued, the plaintiff shall give a written undertaking with sufficient sureties to the effect that, if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages that the defendant may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, and that, if the attachment is discharged on the ground that the plaintiff was not entitled to it under AS 09.40.010 - 09.40.110, the plaintiff will pay all damages that the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking. The sum specified in the undertaking shall be equal to the amount claimed by the plaintiff, but not less than $100.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.040. Third party liability.

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 a judgment recovered by plaintiff is satisfied. Debts and other personal property may be delivered, transferred, or paid to the peace officer without suit, and the receipt of the officer is a sufficient discharge.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.050. Lien on real estate.

If real property is attached, the peace officer shall make a certificate containing the title of the cause, the names of the parties, a description of the property attached, the date of attachment, a statement that a writ of attachment has been issued, and the date of issuance, and shall within 10 days deliver the certificate to the recorder of the recording district in which the real property is situated. The recorder shall record the certificate in a book to be kept for that purpose. When the certificate is recorded, the lien in favor of the plaintiff attaches to the real property described in the certificate from the date of the attachment, but if recorded afterwards, it only attaches as against third persons from the date of the subsequent recording. Whenever the lien is discharged, it is the duty of the recorder, when requested, to record the transcript of an order, entry of satisfaction of judgment, or other proceeding of record whereby it appears that the lien has been discharged.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.060. Third party indebted to defendant or possessing property of defendant.

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.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.070. Sale of perishable property.

If any of the property attached is perishable, the peace officer shall sell the property in the manner in which property is sold on execution. The proceeds and other property attached shall be retained by the officer to answer a judgment that may be recovered in the action unless sooner subjected to execution upon another judgment recovered previous to the levy of attachment.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.080. Liability on undertaking.

In a proceeding brought against the principal or the sureties upon an undertaking given to secure the release of attached property, it is a defense that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.090. Disposition of property after judgment in plaintiff's favor.

When plaintiff recovers judgment, and the property attached in the suit was not sold as perishable property or discharged from the attachment, the court shall order the property to be sold to satisfy the plaintiff's demands. If execution is issued upon the judgment, the peace officer shall apply the property attached, including money or the proceeds from the sale of the property, upon the execution. If there is any of the property or proceeds remaining after satisfying the execution, the peace officer shall, upon demand, deliver the property or proceeds to the defendant.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.100. Return of property upon judgment for defendant.

If the defendant recovers judgment against the plaintiff and no appeal is taken, all the property attached, the proceeds from property attached, and the undertaking received in the action shall be delivered to the defendant upon service upon the peace officer of a certified copy of the order discharging the attachment.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 1. Attachment. › Sec. 09.40.110. Delivery of property to defendant and redelivery bond.

The peace officer may deliver any of the property attached to the defendant, or to a person claiming it, upon the giving of a written undertaking for the property executed by one or more sufficient sureties, engaging to redeliver it or pay the value of the property to the peace officer to whom execution upon a judgment obtained by the plaintiff in that action may be issued.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 2. Civil Arrest. › Sec. 09.40.120. Arrest and bail in civil actions.

The plaintiff in a civil action may have the defendant arrested and held to bail in the manner provided in AS 09.40.120 - 09.40.220. The writ of ne exeat is abolished.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 2. Civil Arrest. › Sec. 09.40.150. Undertaking by plaintiff.

Before making the order, the judge shall require an undertaking on the part of the plaintiff, with one or more sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages that the defendant may sustain by reason of the arrest if the same be wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking shall be in a sum to be fixed by the judge, but not less than $300.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 2. Civil Arrest. › Sec. 09.40.180. Amount of bail.

The defendant may give bail by causing a written undertaking to be executed by one or more sufficient sureties to the effect that they are bound in the amount mentioned in the order for arrest, that the defendant will be amenable to the process of the court during the pendency of the action and to processes that may be issued to enforce the judgment, or that they will pay the plaintiff the amount of the judgment that may be recovered in the action.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 2. Civil Arrest. › Sec. 09.40.200. Arrest of defendant by or on authority of bail.

For the purpose of surrendering the defendant, the bail, at any time and place before they are finally charged, may personally arrest the defendant, or, by a written authority endorsed on a certified copy of the undertaking, may empower a peace officer to do so. Upon the arrest of the defendant by a peace officer, or upon delivery of the defendant to the peace officer by the bail, or upon the defendant's own surrender, the bail are exonerated if the arrest, delivery, or surrender takes place at a time before judgment. But if the arrest, delivery, or surrender does not take place before judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 2. Civil Arrest. › Sec. 09.40.220. Motion to vacate order for arrest or to reduce bail.

A defendant arrested may, at any time before judgment, apply on a motion to the court or a judge of the court in which the action is pending to vacate the order for arrest or to reduce the amount of bail. If upon the hearing of the motion it appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it appears that the bail was fixed too high, the amount shall be reduced.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 3. Injunction. › Sec. 09.40.230. Authorization for injunction.

When it appears that (1) the plaintiff is entitled to the relief demanded, and the relief or any part of it includes restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce injury to the plaintiff; or (2) the defendant is doing, or threatens or is about to do, or is procuring or suffering to be done some act in violation of the plaintiff's rights concerning the subject of the action and tending to render the judgment ineffectual; or (3) the defendant threatens or is about to remove or dispose of property or a part of it with intent to delay or defraud creditors, an injunction may be allowed to restrain such act, removal, or disposition.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 3. Injunction. › Sec. 09.40.235. Restraining orders, preliminary injunctions, and stays affecting industrial operations.

(a) Unless exempt under AS 09.68.040(a), a party seeking a restraining order, preliminary injunction, or order staying the operation of a permit that affects an industrial operation shall give security, in an amount the court considers proper, for costs that may be incurred and damages that may be suffered by the industrial operation if the industrial operation is wrongfully enjoined or restrained. Upon request of any party and when that party presents evidence, one relevant factor the court shall consider is the amount of wages and benefits for employees and payment to contractors and subcontractors of the industrial operation that may be suffered if the industrial operation is wrongfully enjoined or restrained. In this subsection, “industrial operation” includes a construction, energy, or timber activity and oil, gas, and mineral exploration, development, and production.
(b) The existence of security under (a) of this section does not
(1) prohibit a person who is wrongfully enjoined or restrained from obtaining relief that may be available to that person; or
(2) limit the amount that a party may recover in the action.
(c) A party is not required to give security under (a) of this section if the challenged permitting decision or authorization is made by
(1) the Department of Environmental Conservation under AS 46.03 or AS 46.14 in a program approved or delegated by the United States Environmental Protection Agency; or
(2) the Department of Natural Resources under AS 27.21 in a program approved or delegated by the Office of Surface Mining Reclamation and Enforcement in the United States Department of the Interior.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 4. Receivers. › Sec. 09.40.240. Appointment of receivers.

A receiver may be appointed by the court in any action or proceeding except an action for the recovery of specific personal property
(1) provisionally, before judgment, on the application of either party, when the party's right to the property that is the subject of the action or proceeding and that is in the possession of an adverse party is probable, and where it is shown that the property or its rents or profits are in danger of being lost or materially injured or impaired;
(2) after judgment, to carry the judgment into effect;
(3) after judgment, to dispose of the property according to the judgment or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied and the debtor refuses to apply the debtor's property in satisfaction of the judgment;
(4) in the cases when a corporation has been dissolved, or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights;
(5) in the cases when a debtor has been declared insolvent;
(6) under AS 32.06.504(a).
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 4. Receivers. › Sec. 09.40.250. Oath and undertaking of receiver.

Before entering upon any duties, a receiver shall be sworn to perform them faithfully, and shall file with the clerk of court an undertaking with one or more sufficient sureties in the sum the court may direct to the effect that the receiver will faithfully discharge the duties of receiver and obey the orders of the court.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 5. Recovery of Personal Property. › Sec. 09.40.270. Undertaking.

A peace officer may not take personal property into custody until the plaintiff delivers to the peace officer the affidavit and undertaking of sufficient sureties to the effect that they are bound in double the value of the property for the prosecution of the action and the return of the property to the defendant, if return be adjudged, and for the payment to the defendant of any sum that may be recovered against the plaintiff.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 5. Recovery of Personal Property. › Sec. 09.40.280. Undertaking for return of property to defendant.

The defendant may, within the time set by the court, require the return of the property upon delivering to the peace officer having custody of the property a written undertaking approved by the clerk of the court and executed by sufficient sureties to the effect that they are bound in double the value of the property for the delivery of the property to the plaintiff, if such delivery be adjudged, and for the payment to the plaintiff of such sum as may, for any cause, be recovered against the defendant.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 5. Recovery of Personal Property. › Sec. 09.40.290. Property concealed in building or enclosure, demand and entry to effect seizure.

If the property or any part of it is concealed in a building or enclosure, the peace officer shall publicly demand its delivery. If it is not delivered, the peace officer shall cause the building or enclosure to be broken open and take the property into possession.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 5. Recovery of Personal Property. › Sec. 09.40.300. Custody of property seized.

When the peace officer has taken the property into custody, the peace officer is responsible for it and shall keep it in a secure place and deliver it to the party entitled to it upon receiving the lawful fees for taking and the necessary expenses for keeping it.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 40. Provisional Remedies › Article 5. Recovery of Personal Property. › Sec. 09.40.310. Third party claims.

If the property taken is claimed by any person other than the defendant, and that person makes an affidavit of title to the property or the right to the possession of it, stating the grounds of the title or right, and serves it upon the peace officer taking the property while the property is still in the peace officer's custody, the peace officer may release the property unless the plaintiff, on demand of the officer, indemnifies the peace officer against the third party claim by a written undertaking approved by the clerk of court and executed by sufficient sureties.
2023 Alaska Statutes › Title 9. Code of Civil Procedure › Chapter 43. Arbitration › Article 1. Uniform Arbitration Act. › Sec. 09.43.010. Arbitration agreements valid; application of article.

(a) A written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a subsequent controversy between the parties is valid, enforceable, and irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract. However, AS 09.43.010 - 09.43.180 do not apply to a labor-management contract unless they are incorporated into the contract by reference or their application is provided for by statute.
(b) Notwithstanding (a) of this section, AS 09.43.010 - 09.43.180 do not apply to an agreement or a contract unless the agreement or contract is entered into before January 1, 2005, and is not otherwise subject to AS 09.43.300 - 09.43.595. A person may not waive the effective date of this subsection, and a waiver of the effective date of this subsection is void.