Section 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.

Authorities

9.38.075; 9.38.085;43.23.065

Notes

References

AS 9.38.075 .075">Sec. 09.38.075. Special procedures relating to limited value exemptions; burden of proof.
AS 9.38.085 .085">Sec. 09.38.085. Contents of notice; forms.
AS 43.23.065 Exemption of and levy on permanent fund dividends.

History

(Sec. 2 ch 62 SLA 1982)