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Alaska Claim of Exemption

File an Alaska claim of exemption to stop wage garnishment. Learn the CIV-531 form, the weekly earnings that are exempt, and the 15-day deadline to object.

Introduction

An Alaska claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from a garnishment. An exemption is money the law says a creditor cannot take. After a creditor wins a money judgment, it can levy on your wages or bank account and pull money you were counting on. In Alaska you file a Claim of Exemption from Garnishment, form CIV-531, with the clerk of the court, and an objection that the seized property is exempt must be filed within 15 days after the levy. Alaska protects a set amount of your weekly net earnings by dollar figure rather than a percentage, and it protects more when your earnings alone support your household. Money is held while the claim is decided, so file quickly. DocDraft prepares an Alaska claim of exemption from your details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    An Alaska claim of exemption is a form you file with the court to protect some or all of your wages or bank funds from garnishment. It tells the court the money is exempt, meaning the law does not let a creditor take it.

  2. 2

    You have 15 days to object. Under AS 09.38.080(f) an objection that the seized property is exempt must be filed with the clerk of the court within 15 days after the levy, so file your claim as soon as you are served.

  3. 3

    Alaska protects earnings by a weekly dollar amount, not a percentage. The statutory base under AS 09.38.030 is 350 dollars of weekly net earnings, adjusted for inflation, and the Alaska Department of Labor lists the current figure as 473 dollars per week.

  4. 4

    Supporting your household protects more. When your earnings alone support your household, the exempt amount rises from a 550 dollar statutory base, adjusted for inflation, which the Alaska Department of Labor lists as 743 dollars per week.

  5. 5

    Some income is exempt no matter the debt. Social Security, disability, veterans benefits, and many pensions and public benefits are protected, and a claim of exemption is how you free those funds if a bank has frozen them.

  6. 6

    Money is held while your claim is decided. Because the levy holds your earnings until the court rules, filing your claim of exemption quickly limits what you lose.

  7. 7

    Filing gets you a hearing. After you file the claim, the court holds a hearing as soon as practicable, where you show the earnings are exempt and the creditor must justify the levy.

Key decisions before you file

Before you file a Claim of Exemption in Alaska, a few decisions shape the document: which option to choose and what each one means. The Claim of Exemption guide walks through them.

Open the Claim of Exemption guide

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CLAIM OF EXEMPTION FROM GARNISHMENT (ALASKA - WAGE GARNISHMENT)

Filed under the Alaska Exemptions Act, Alaska Statutes Title 9, Chapter 38, including AS 09.38.030, AS 09.38.050, and AS 09.38.080. The judgment debtor claims that some or all of the earnings or funds levied on are exempt and asks the court to release them and to stop or reduce the garnishment.

  1. COURT AND CASE Court that issued the writ: [COURT NAME] Case number: [CASE NUMBER] Writ or levy number: [WRIT NUMBER, IF ANY] Date of levy: [DATE OF LEVY]

  2. PARTIES Judgment creditor: [CREDITOR NAME] Judgment debtor (you): [DEBTOR NAME] Debtor address: [DEBTOR ADDRESS] Employer or bank served with the levy: [EMPLOYER OR BANK NAME]

  3. EXEMPTION CLAIMED I object that the property seized is exempt for the following reason(s): [ ] My weekly net earnings are within the amount protected under AS 09.38.030. [ ] My earnings alone support my household, so the higher household exemption under AS 09.38.050 applies. [ ] The funds come from an exempt source: [SOCIAL SECURITY / DISABILITY / VETERANS BENEFITS / PENSION / OTHER]. Amount I ask the court to protect: $[AMOUNT CLAIMED EXEMPT]

  4. SOURCE OF THE FUNDS Describe where the money comes from: [DESCRIPTION OF WAGES OR DEPOSITED FUNDS]

  5. FINANCIAL STATEMENT (attach if the court requires one) Weekly net earnings: $[WEEKLY NET EARNINGS] Monthly necessary expenses: $[EXPENSES] Number of people I support: [NUMBER OF DEPENDENTS]

  6. REQUEST FOR HEARING I ask the court to protect the exempt money and to set a hearing on this claim as soon as practicable.

  7. VERIFICATION I declare under penalty of perjury under the laws of the State of Alaska that the statements above are true and correct.

Debtor signature: [SIGNATURE] Printed name: [NAME] Date: [DATE]

Note: Alaska provides the Claim of Exemption from Garnishment (form CIV-531), filed with the clerk of the court that issued the writ. Your objection that the property is exempt must be filed within 15 days after the levy, and the protected dollar amounts are adjusted for inflation. Confirm the current form, deadline, and exemption figures, or have this reviewed by an attorney, before you file.

Alaska Requirements for Claim of Exemption

Alaska Filing Deadline and Office

File the Alaska claim of exemption with the correct office, the court or the levying officer as Alaska directs, within the state's window after the garnishment is served. Money is usually held until the claim is decided, so filing late can forfeit wages the law would otherwise protect.

Frequently Asked Questions

An Alaska claim of exemption is a form, CIV-531, that you file with the clerk of the court to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. You must file your objection that the property is exempt within 15 days after the levy under AS 09.38.080(f).

An objection challenges whether the garnishment itself is proper, such as a wrong amount or a defect in the levy. An Alaska claim of exemption accepts the judgment but says the specific wages or funds are legally protected, for example the weekly net earnings the statute exempts. In Alaska the exemption is raised by filing an objection that the seized property is exempt, so the two overlap and you can raise both at once.

Alaska protects your earnings by a weekly dollar amount rather than a percentage. Under AS 09.38.030 the statutory base is 350 dollars of weekly net earnings, adjusted for inflation, and the Alaska Department of Labor lists the current figure as 473 dollars per week. Earnings above the protected amount can be reached by a creditor, and exempt benefits are protected in full.

You have 15 days. Under AS 09.38.080(f) an objection that the seized property is exempt must be filed with the clerk of the court within 15 days after the levy. Because money is held once the levy takes effect, file your claim of exemption as soon as you are served so you do not lose protected earnings.

Social Security, Supplemental Security Income, veterans benefits, disability, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. Alaska also protects a set weekly amount of your net earnings. If exempt benefits are frozen in a bank account, a claim of exemption is how you get the bank to release them.

Yes. When your earnings alone support your household, Alaska protects a higher weekly amount of your net earnings. The statutory base rises from 350 to 550 dollars, adjusted for inflation, and the Alaska Department of Labor lists the current household figure as 743 dollars per week. You claim this higher amount when you file your claim of exemption.

You file the Claim of Exemption from Garnishment, form CIV-531, with the clerk of the court that issued the writ of execution. File it within 15 days after the levy so your objection is timely. The court then reviews your claim and holds a hearing as soon as practicable if the exemption is contested.

After you file, the court holds a hearing as soon as practicable, where you show the earnings or funds are exempt and the creditor must justify the levy. If the court agrees the money is protected, it releases the funds and stops or reduces the garnishment. Until the claim is decided, the levied money is held rather than paid out.