Alaska Answer to a Complaint
In Alaska your answer is due within 20 calendar days under Civil Rule 12(a). DocDraft drafts it, attorney review available.
Introduction
An Alaska Answer to a Complaint is the written response you file with the clerk of the District Court or Superior Court after you are served with a summons and complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, Alaska R. Civ. P. 12(a) gives you 20 days after the summons and complaint are served to file your answer, extended to 40 days if you are the state or an agency or you are served in a foreign country. What sets the Alaska answer apart is its forms system: the court provides a specific Answer form for several case types, such as CIV-481 for a debt collection case and CIV-735 for an eviction, and where no form fits you type the answer on pleading paper with the caption required by Alaska R. Civ. P. 10(a). E-filing through TrueFiling is mandatory unless you are exempt, and you also serve a copy on the plaintiff. Miss the deadline and the plaintiff can apply for a default judgment under Alaska R. Civ. P. 55. DocDraft drafts an Alaska-formatted answer from your facts, with attorney review available before you file.
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Key Things to Know
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Your deadline is 20 calendar days. Under Alaska R. Civ. P. 12(a) your answer is due within 20 days after the summons and complaint are served on you, extended to 40 days if you are the state or an agency or you are served in a foreign country.
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The day count is calendar days. Alaska R. Civ. P. 6(a) excludes intervening Saturdays, Sundays, and legal holidays only when a period is less than 7 days, so the 20-day window counts every calendar day.
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There is a form for many case types. The court provides specific Answer forms, including CIV-481 for a debt collection case, CIV-735 for an eviction, and SC-3 for small claims; where no form fits you type the answer on pleading paper with the caption required by Alaska R. Civ. P. 10(a).
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Small claims still requires a written answer. Unlike some states, an Alaska small claims defendant must file the SC-3 Answer form within 20 days, and the plaintiff may take a default judgment if no answer is filed.
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An eviction answer is due in 20 days even though the hearing comes sooner. You must file the CIV-735 Answer within 20 days, but the court sets a possession hearing within 15 days of filing and no sooner than 2 days after you are served, so respond promptly.
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There is usually no fee to answer, and waivers exist. Filing an answer is $0 unless you add a counterclaim or cross-claim or are answering in a divorce; if you cannot afford other fees you can request a waiver on form TF-920.
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A related claim may be compulsory. Under Alaska R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and must be filed with your answer, and the statute of limitations on a written contract is 3 years under AS 09.10.053.
Key decisions before you file
Before you file a Answer to a Complaint in Alaska, a few decisions shape the document: which option to choose and what each one means. The Answer to a Complaint guide walks through them.
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Alaska Requirements for Answer to a Complaint
20-Day Answer Deadline
In a general civil case your answer is due within 20 calendar days after the summons and complaint are served on you, under Alaska R. Civ. P. 12(a), extended to 40 days if you are the state or an agency or you are served in a foreign country. Alaska R. Civ. P. 6(a) excludes weekends and legal holidays only for periods under 7 days, so the 20-day window counts every calendar day.
CIV Form or Pleading Paper
Answer on the court's case-specific Answer form where one fits, such as CIV-481 for a debt collection case, CIV-735 for an eviction, or SC-3 for small claims. Where no form fits, type the answer on pleading paper with the caption required by Alaska R. Civ. P. 10(a).
Court Caption
Caption the answer for the court named in the summons, which for general civil cases is the District Court for amounts up to $100,000 or the Superior Court for larger amounts or equitable relief, under Alaska R. Civ. P. 10(a). Include the case number, the parties' names, and the title Defendant's Answer to Complaint.
File With the Court Clerk
File your answer with the clerk of the court named in the summons. E-filing through TrueFiling is mandatory for attorneys and self-represented litigants unless you are exempt, for example because you lack safe computer or internet access, in which case you may file by mail or in person.
Serve a Copy on the Plaintiff
Under Alaska R. Civ. P. 5, serve a copy of your answer on the plaintiff or the plaintiff's attorney by first class U.S. mail or hand delivery, and keep proof of service.
No Answer Fee, Waiver Available
There is no separate fee to file an answer in Alaska, unless you are also filing a counterclaim or cross-claim or you are answering in a divorce proceeding. If you cannot afford court fees, request an exemption based on financial inability to pay by filing form TF-920.
Affirmative Defenses
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, estoppel, or waiver. The statute of limitations on a written contract is 3 years under AS 09.10.053.
Compulsory Counterclaim If Any
Under Alaska R. Civ. P. 13(a), a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and must be filed with your answer, or you can lose the right to bring it later.