Section 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.

Authorities

9.38.075; 9.38.080

Notes

References

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.

History

(Sec. 2 ch 62 SLA 1982)