Alaska Statutes 06.60.610 – Election to use small claims court

(a) Within 30 days after receiving a copy of a fund claim under Alaska Stat. § 06.60.600, a mortgage loan originator licensee against whom a claim is made may elect to defend the fund claim as a small claims action in district court under District Court Rules of Civil Procedure if the claim does not exceed the small claims jurisdictional limit.

Terms Used In Alaska Statutes 06.60.610

action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
department: means the Department of Commerce, Community, and Economic Development. See Alaska Statutes 06.60.990
fund: means the mortgage loan originator surety fund established under Alaska Stat. See Alaska Statutes 06.60.990
fund claim: means a claim against the fund. See Alaska Statutes 06.60.990
licensee: means a person who holds a license issued under this chapter. See Alaska Statutes 06.60.990
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060

(b) A mortgage loan originator licensee who elects under (a) of this section to defend a fund claim in district court under the small claims rules may not revoke the election without the consent of the person who filed the fund claim.

(c) On receipt of a valid written election under (a) of this section, the department shall dismiss the fund claim filed with the department and notify the person who filed the fund claim that the person who filed the fund claim must bring a small claims action in the appropriate district court.

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