(a) Except as provided in (b) of this section, 20 percent of the annual permanent fund dividend payable to an individual is exempt from levy, execution, garnishment, attachment, or any other remedy for the collection of debt. No other exemption applies to a dividend. Notwithstanding other laws, a writ of execution upon a dividend that has not been delivered to the debtor may be served on the commissioner by
Terms Used In Alaska Statutes 43.23.140
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) certified mail, return receipt requested; or(2) a civilian process server licensed by the commissioner of public safety using electronic execution procedures, as provided under regulations adopted by the department.(b) An exemption is not available under this section for permanent fund dividends taken to satisfy
(1) child support obligations required by court order or decision of the child support services agency under Alaska Stat. § 25.27.140 – 25.27.220;(2) court ordered restitution under Alaska Stat. § 12.55.045 – 12.55.051, 12.55.100, or Alaska Stat. § 47.12.120(b)(4);(3) claims on defaulted education loans under Alaska Stat. § 43.23.160;(4) court ordered fines;(5) writs of execution under Alaska Stat. Chapter 09.35 of a judgment that is entered
(A) against a minor in a civil action to recover damages and court costs;(B) under Alaska Stat. § 09.65.255 against the parent, parents, or legal guardian of an unemancipated minor;(6) a debt owed by an eligible individual to an agency of the state, including the University of Alaska, unless the debt is contested and an appeal is pending, or the time limit for filing an appeal has not expired;(7) a debt owed to a person for a program for the rehabilitation of perpetrators of domestic violence required under Alaska Stat. § 12.55.101, Alaska Stat. § 18.66.100(c)(15), Alaska Stat. § 25.20.061(3), or Alaska Stat. § 33.16.150(f)(2);(8) a judgment for unpaid rent or damage owed to a landlord by an eligible individual that was a tenant of the landlord; in this paragraph, “tenant” has the meaning given in Alaska Stat. § 34.03.360;(9) court-ordered forfeiture of an appearance or performance bond under Alaska Stat. § 12.30.075.(c) Claims listed in (b) of this section have priority in the order listed over other claims on a permanent fund dividend whether payments are sought through legal actions for the collection of debts or through assignments from the debtor.(d) An assignment of or levy, execution, garnishment, attachment, or other remedy for the collection of debt applied to a dividend for a year may not be accepted by the department before April 1 of that same year. Alaska Stat. § 09.38.080(c) and 09.38.085 do not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution under (a) of this section or another court order, the commissioner shall deliver to the court that portion of the dividend executed upon along with the case name and number. At the time payment is made to the court, the department shall send to the individual at the address provided in the individual’s dividend application and to the court that issued the writ or order a notice that contains
(1) notification that all or part of the individual’s dividend has been seized under a writ of execution or court order;(2) the name and address of the court that issued the writ or order;(3) the case number for which the writ or order was issued;(4) the amount seized under the writ or order; and(5) notification that the individual has 30 days from the date the notice is mailed in which to file with the court an objection to the seizure if a mistake has been made.
