In this chapter, unless the context otherwise requires,

(1) “burial plot” means a parcel of real estate that is used for burial of human remains and that is located within an area designated for cemetery purposes by the state or a municipality;

Terms Used In Alaska Statutes 09.38.500

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • debt: means a legally enforceable monetary obligation or liability of an individual, whether arising out of contract, tort, or otherwise. See Alaska Statutes 09.38.500
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • levy: means the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt. See Alaska Statutes 09.38.500
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lien: means
    (A) a security interest. See Alaska Statutes 09.38.500
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • security interest: means an interest in property created by contract to secure payment or performance of an obligation. See Alaska Statutes 09.38.500
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • victim: has the meaning given in Alaska Stat. See Alaska Statutes 09.38.500
  • victim of a crime or a delinquent act: means a victim of a crime or a delinquent act committed in violation of state law. See Alaska Statutes 09.38.500
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) “creditor” includes the state on behalf of a victim of a crime or a delinquent act;
(3) “debt” means a legally enforceable monetary obligation or liability of an individual, whether arising out of contract, tort, or otherwise;
(4) “dependent” means an individual who derives support primarily from another individual;
(5) “earnings” means money received by an individual for personal services and denominated as wages, salary, commissions, or otherwise;
(6) “exempt” means protected, and “exemption” means protection, from subjection to process or a proceeding to collect an unsecured debt;
(7) “household goods” includes those items that make a residence habitable according to modern standards;
(8) “judgment of restitution”

(A) includes restitution ordered

(i) under Alaska Stat. § 47.12.120 that is considered as a civil judgment enforceable by execution under Alaska Stat. § 47.12.170; and
(ii) as part of a sentence under Alaska Stat. § 12.55.025(f) that is considered as a judgment for money entered in a civil action;
(B) does not include a judgment for

(i) civil damages for torts under state law; or
(ii) restitution as a result of a violation of state law that is not a felony or misdemeanor;
(9) “judicial lien” means a lien on property obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding instituted for the purpose of collecting an unsecured debt;
(10) “levy” means the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt;
(11) “lien” means

(A) a security interest;
(B) a judicial or statutory lien;
(C) a common law lien on property

(i) only if the lien was consented to by the owner of the property affected; or
(ii) if not consented to by the owner of the property affected as provided in (i) of this subparagraph, only when the lien is accompanied by a specific order authorizing the recording or filing of the lien issued by a court of competent jurisdiction recognized under state or federal law, which order shall be recorded or filed with the lien; or
(D) any interest in property other than one described in (A) – (C) of this paragraph securing payment of a debt or performance of an obligation;
(12) “principal residence” means the actual dwelling place of an individual or dependents of the individual and includes real and personal property;
(13) “security interest” means an interest in property created by contract to secure payment or performance of an obligation;
(14) “serve notice” means to give the person to be served a written personal notice in the same manner a summons in a civil action is served, or to mail the notice to the person’s last known address by first-class mail and by using a form of mail requiring a signed receipt;
(15) “statutory lien” means a lien arising by force of a statute under specified circumstances or conditions, but does not include a security interest;
(16) “value” means fair market value of an individual’s interest in property, exclusive of liens of record;
(17) “victim” has the meaning given in Alaska Stat. § 12.55.185;
(18) “victim of a crime or a delinquent act” means a victim of a crime or a delinquent act committed in violation of state law; “victim of a crime or a delinquent act” does not include a victim of a violator of an ordinance of a political subdivision of the state;
(19) “wearing apparel” means clothing and garments intended and adapted to be worn on the person to protect the person against the elements or to provide personal comfort or decency, or serving to ornament the person but does not include jewelry.
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