Section 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   (d)   [Repealed, Sec. 40 ch 92 SLA 2001].  

Authorities

6.60.360; 9.38.030; 9.38.075; 9.38.080;14.25.063;16.43.945;22.25.041;39.30.162;39.30.410

Notes

References

AS 6.60.360 .360">Sec. 06.60.360. Escrow accounts.
AS 9.38.030 .030">Sec. 09.38.030. Exemption of earnings and liquid assets.
AS 9.38.075 .075">Sec. 09.38.075. Special procedures relating to limited value exemptions; burden of proof.
AS 9.38.080 .080">Sec. 09.38.080. Procedures applicable to a levy on property of an individual.
AS 14.25.063 Payment of indebtedness.
AS 16.43.945 Commercial fishing privileges exempt from claims of creditors.
AS 22.25.041 Refund of contributions.
AS 39.30.162 Safeguard of money.
AS 39.30.410 Exemption from taxation and process.

History

(Sec. 2 ch 62 SLA 1982; am Sec. 3, 4 ch 57 SLA 1991; am Sec. 4, 40 ch 92 SLA 2001; am Sec. 4 ch 50 SLA 2007)