Alaska Answer to a Complaint
Alaska gives you 20 calendar days to answer a complaint under Civil Rule 12(a). File on time or the plaintiff can take a default judgment against you.
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.
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
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Alaska Requirements for Answer to a Complaint
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.
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).
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 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.
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.
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.
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.
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.
Frequently Asked Questions
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. The same 20-day window applies in a debt collection case, in small claims where the SC-3 Answer form is filed, and in an eviction case, though the eviction court also sets a possession hearing within 15 days of filing. The days are calendar days. Missing your deadline can lead to a default judgment.
The Alaska Court System provides a specific Answer form for several case types, including CIV-481 for a debt collection case, CIV-735 for an eviction, and SC-3 for small claims. Where no form fits your case, you type the answer on pleading paper with the caption required by Alaska R. Civ. P. 10(a). The answer should admit or deny the allegations of the complaint and state the affirmative defenses you intend to rely on.
File your answer with the clerk of the court named in the summons. General civil cases are heard in the District Court for amounts up to $100,000 and in the Superior Court for larger amounts or equitable relief, and small claims cases up to $10,000 are heard in the District Court. 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.
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, you can request an exemption from payment based on financial inability to pay by filing form TF-920 with the same court that is hearing your case.
If you do not answer within the deadline, the plaintiff can apply for a default judgment under Alaska R. Civ. P. 55, and where the claim is for a sum certain the clerk may enter judgment. You may be able to set aside a default or default judgment under Alaska R. Civ. P. 60(b) for reasons such as mistake, inadvertence, surprise, or excusable neglect, filed within a reasonable time and not more than one year after notice of the judgment, but the reliable path is to file on time.
Yes, and you may be required to. Under Alaska R. Civ. P. 13(a), a counterclaim is compulsory if it arises out of the same transaction or occurrence that is the subject matter of the plaintiff's claim, and it must be filed with your answer or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim.