(a) If a person, political subdivision, or department of the state (1) fails to make an answer to an order to withhold and deliver within the time prescribed in Alaska Stat. § 25.27.250; (2) fails or refuses to deliver property in accordance with an order issued under Alaska Stat. § 25.27.250; (3) pays over, releases, sells, transfers, or conveys real property subject to a lien recorded under Alaska Stat. § 25.27.230 to or for the benefit of the obligor or any other person; (4) fails or refuses to surrender upon demand property attached; or (5) intentionally fails or refuses to honor an assignment of wages or an income withholding order under Alaska Stat. § 25.27.062 that was served by the agency through personal service by a process server or through certified mail, return receipt requested, the person, political subdivision, or department of the state is liable to the agency in an amount equal to 100 percent of the amount constituting the basis of the lien, order to withhold and deliver, attachment, or withholding of wages or income, together with costs, interest, and reasonable attorney fees.
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Terms Used In Alaska Statutes 25.27.260

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
(b) A person, political subdivision, or department of the state that intentionally fails or refuses to honor a properly served income withholding order under Alaska Stat. § 25.27.062 that is not being enforced by the agency is liable to the obligee in an amount equal to 100 percent of the amount ordered to be withheld together with costs, interest, and reasonable attorney fees.
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