Alaska Demand Letter
This letter applies Alaska's dishonored-check demand statute, its Unfair Trade Practices and Consumer Protection Act, and its small claims, interest, and limitations rules.
Find out where you stand in Alaska
What is this demand about?
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Introduction
Alaska does not require a demand letter before you sue under the state's Unfair Trade Practices and Consumer Protection Act, since Alaska Statute Section 45.50.531(a) lets a person who suffers an ascertainable loss from an unlawful trade practice sue immediately for treble damages or $500, whichever is greater, with no pre-suit notice at all. But if your claim involves a dishonored check, Alaska Statute Section 09.68.115 requires a written demand advising the issuer the check was dishonored and explaining the statute's civil penalties, sent at least 15 days before you file suit, before you can recover the civil penalty of $100 or three times the check's value, capped so the recovery does not exceed the check amount by more than $1,000. A demand letter states clearly what you are owed, why, and what you will do if the other side does not respond by your deadline, and it creates a paper trail a judge will want to see even when no statute requires one. If your dispute involves a security deposit or a final paycheck, Alaska applies separate rules to those claims, covered on their own demand letter pages rather than repeated here. DocDraft builds your Alaska demand letter from your facts and your deadline, with attorney review available before you send it.
Key Things to Know
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Alaska's Unfair Trade Practices and Consumer Protection Act lets a person who suffers an ascertainable loss from an unlawful trade practice sue immediately, with no pre-suit notice, for treble damages or $500, whichever is greater, under Alaska Statute Section 45.50.531(a). But a dishonored check is different: Alaska Statute Section 09.68.115 requires a written demand at least 15 days before suit before you can recover that statute's own civil penalty.
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State your demand in specific numbers. Name the exact amount owed, the contract, invoice, or dishonored check it comes from, and a firm deadline to pay or act.
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If you send a dishonored-check demand under Alaska Statute Section 09.68.115(d), deliver it personally or by first class mail to the address shown on the check, and advise the issuer in writing that the check was dishonored and explain the civil penalties. The issuer can avoid the additional penalty by tendering, before you file suit, the check amount plus a fee of up to $30, under Section 09.68.115(a)(2). After you file but before trial, the issuer can still end the claim by tendering the check amount plus costs of up to $150, under Section 09.68.115(c).
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Alaska's small claims court, a simplified track within the district court, hears claims up to $10,000, exclusive of costs, interest, and attorney's fees, under Alaska Statute Section 22.15.040(a); larger claims go to the district court, up to $100,000, or to superior court.
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Mind Alaska's statute of limitations: two years for damage to personal property under Alaska Statute Section 09.10.070(a)(3), and a separate two-year discovery-rule period for a private Unfair Trade Practices Act claim under Section 45.50.531(f). Confirm the limitations period for a contract or open-account claim before relying on a filing deadline.
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Interest on money owed accrues under Alaska Statute Section 45.45.010(a) at the legal rate of 10.5% a year, unless your written contract sets a different rate within the statute's caps. Interest on a court judgment instead floats, set three percentage points above the Federal Reserve Bank's 12th District discount rate in effect each January 2, under Section 09.30.070(a).
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Keep the tone firm and factual, not threatening. Do not threaten arrest, jail, or criminal prosecution to collect a civil debt. Separately, a prevailing plaintiff in a private Unfair Trade Practices Act claim is entitled to mandatory attorney's fees under Alaska Statute Section 45.50.537(a), on top of the treble-damages remedy.
Key decisions before you file
Before you file a Demand Letter in Alaska, a few decisions shape the document: which option to choose and what each one means. The Demand Letter guide walks through them.
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Alaska Requirements for Demand Letter
Bad-Check Demand Unlocks the Civil Penalty
Under Alaska Statute Section 09.68.115(a)-(b) and (d), a written demand advising the issuer their check was dishonored and explaining the statute's civil penalties, sent at least 15 days before you file suit, lets you recover $100 or three times the check's value, whichever is greater, capped so the recovery does not exceed the check amount by more than $1,000. Without that demand, this civil penalty is not available.
Tender Defense to the Bad-Check Penalty
Under Alaska Statute Section 09.68.115(a)(2), the issuer can avoid the additional civil penalty by tendering the check amount plus a fee of up to $30 before you file suit. Under Section 09.68.115(c), after suit is filed but before trial, the issuer can still end the claim by tendering the check amount plus costs of up to $150.
Bad-Check Demand Delivery Method
Alaska Statute Section 09.68.115(d) requires the written demand to be delivered personally or sent by first class mail to the address shown on the dishonored check.
No UTPA Pre-Suit Notice Requirement
Alaska's Unfair Trade Practices and Consumer Protection Act lets a person who suffers an ascertainable loss from an unlawful act under Alaska Statute Section 45.50.471 sue immediately for treble damages or $500, whichever is greater, plus mandatory attorney's fees, without sending any pre-suit notice or demand, under Sections 45.50.531(a) and 45.50.537(a).
UTPA's Own Two-Year Discovery Period
A private Unfair Trade Practices Act claim must be filed within two years after the person discovers or reasonably should have discovered that the loss resulted from an unlawful act, under Alaska Statute Section 45.50.531(f), a separate period from Alaska's general contract limitations period.
Small Claims Dollar Limit
Alaska's small claims court, a simplified track within the district court, hears claims up to $10,000, exclusive of costs, interest, and attorney's fees, under Alaska Statute Section 22.15.040(a).
Two-Year Property Damage Limitations Period
Alaska gives two years to sue for taking, detaining, or injuring personal property, under Alaska Statute Section 09.10.070(a)(3).
Legal and Judgment Interest Rates
Alaska Statute Section 45.45.010(a) sets a fixed legal interest rate of 10.5% a year on money after it is due, unless the parties' written contract sets a different rate within the statute's caps under Section 45.45.010(b). Interest on a judgment instead floats under Section 09.30.070(a), set three percentage points above the Federal Reserve Bank's 12th District discount rate in effect each January 2.
Written Notice Can Start Interest Early
For a claim involving personal injury, death, or damage to property, Alaska Statute Section 09.30.070(b) starts prejudgment interest on whichever is earlier, the day process is served or the day the other party received written notice that a claim may be brought.