Alaska debt statute of limitations

Alaska limitation periods by type of debt

Does paying restart the clock in Alaska?

An acknowledgment or promise only counts if it is in a signed writing (Alaska Stat. § 09.10.200).

“No acknowledgment or promise is sufficient evidence of a new or continuing contract to take the case out of the operation of this chapter unless the acknowledgment or promise is contained in writing, signed by the party to be charged,”
Alaska Stat. § 09.10.200

Alaska’s own debt collection law

Alaska's collection agency law (Alaska Stat. ch. 08.24) requires anyone who collects claims for others for compensation in Alaska to be a licensed collection agency.

“(a) A person other than a collection agency licensed and authorized under this chapter may not for compensation (1) conduct a collection agency business in this state; (2) collect claims for others in this state;”
Alaska Stat. § 08.24.090(a)

If a creditor wins a judgment in Alaska

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Alaska rules take over.

How long a judgment lasts

In Alaska, if five years pass after entry of judgment without an execution being issued, execution may issue only by court order, which the court grants if there are just and sufficient reasons for the delay; separately, an action upon a judgment must be commenced within 10 years (AS 09.10.040).

“When a period of five years has elapsed after the entry of judgment and without an execution being issued on the judgment, no execution may issue except by order of the court in which judgment is entered.”
Alaska Stat. § 09.35.020; see also Alaska Stat. § 09.10.040(a)

Wage garnishment

An Alaska individual debtor is entitled to exempt weekly net earnings up to the amount stated in AS 09.38.030(a) ($350 in the statutory text); that dollar figure is subject to inflation adjustment by regulation under AS 09.38.115, so the amount currently in effect may be higher than the printed figure. Nonresidents get only the federal 15 U.S.C. 1673 limits.

“an individual debtor is entitled to an exemption of the individual debtor's weekly net earnings not to exceed $350. The weekly net earnings of an individual are determined by subtracting from the weekly gross earnings all sums required by law or court order to be withheld.”
Alaska Stat. §§ 09.38.030(a), 09.38.115

Money in a bank account

Only for an Alaska individual who does not receive earnings weekly, semi-monthly, or monthly, cash and other liquid assets (including deposits) available in any month are exempt up to $1,400 in the statutory text, a figure subject to inflation adjustment under AS 09.38.115; it is not a general bank-account exemption for wage earners.

“An individual who does not receive earnings either weekly, semi-monthly, or monthly is entitled to a maximum exemption for the aggregate value of cash and other liquid assets available in any month of $1,400”
Alaska Stat. §§ 09.38.030(b), 09.38.115

Small claims court

In Alaska, when a claim does not exceed $10,000 (exclusive of costs, interest, and attorney fees) and a request is made, the district judge or magistrate hears it as a small claim unless important or unusual points of law are involved or the state is a defendant.

“when a claim for relief does not exceed $10,000, exclusive of costs, interest, and attorney fees, and request is so made, the district judge or magistrate shall hear the action as a small claim unless important or unusual points of law are involved or the state is a defendant.”
Alaska Stat. § 22.15.040(a)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Alaska treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Alaska?

3 years for credit-card debt and 3 years on a written contract, under Alaska Stat. § 09.10.053. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Alaska?

An acknowledgment or promise only counts if it is in a signed writing (Alaska Stat. § 09.10.200).

Does Alaska have its own debt collection law?

Alaska's collection agency law (Alaska Stat. ch. 08.24) requires anyone who collects claims for others for compensation in Alaska to be a licensed collection agency. (Alaska Stat. § 08.24.090(a)).

How long does a court judgment last in Alaska?

In Alaska, if five years pass after entry of judgment without an execution being issued, execution may issue only by court order, which the court grants if there are just and sufficient reasons for the delay; separately, an action upon a judgment must be commenced within 10 years (AS 09.10.040). (Alaska Stat. § 09.35.020; see also Alaska Stat. § 09.10.040(a)).

How much of my pay can be garnished in Alaska?

An Alaska individual debtor is entitled to exempt weekly net earnings up to the amount stated in AS 09.38.030(a) ($350 in the statutory text); that dollar figure is subject to inflation adjustment by regulation under AS 09.38.115, so the amount currently in effect may be higher than the printed figure. Nonresidents get only the federal 15 U.S.C. 1673 limits. (Alaska Stat. §§ 09.38.030(a), 09.38.115).

What if I am sued on an old debt in Alaska?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.