• ALASKA SMALL CLAIMS HANDBOOK, SC-100

ALASKA
SMALL CLAIMS
HANDBOOK
January 2010
Alaska Court System
The forms mentioned in this booklet are available at all state courts
and on the court system’s website: www.courts.alaska.gov/forms.htm
SC-100 (1/10) (green cvr)
 Prepared by the
Alaska Court System
© Copyright 1985, 1986, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1997, 2001, 2004, 2005,
2006, 2007, 2008, 2009 and 2010 Alaska Court System
All rights reserved. Permission to reproduce the contents of this handbook, but not for profit, is hereby
granted to governmental and educational institutions. However, reproduction of any part of this handbook
for commercial purposes without the express written permission of the Alaska Court System is strictly
prohibited.
 TABLE OF CONTENTS
Chapter I. Introduction to Small Claims..................................................................... 1
A. What is a small claims case .................................................................................................1
B. The Choice: Small claims procedure or formal procedure .................................................1
C. Who can file a small claims case .........................................................................................1
D. Who can be sued in a small claims case ..............................................................................1
E. How to start a small claims case..........................................................................................2
F. How to respond to a small claims complaint.......................................................................2
G. Forms .................................................................................................................................2
H. Lawyers................................................................................................................................2
I. A special situation when lawyers are necessary ..................................................................2
J. Can someone other than a lawyer represent you in a small claims case .............................2
Chart: Comparison of Procedures ..................................................................................3
Chart: Sequence of Events in a Small Claims Case.......................................................4
Chapter II How to Start a Small Claims Case..............................................................5
A. Before you file .....................................................................................................................5
B. Filing procedures .................................................................................................................5
C. How to fill out the forms......................................................................................................6
D. How to give notice to a small claims defendant ................................................................14
E. Notification that the documents were served or not served...............................................15
F. Defendant's response .........................................................................................................15
G. Change of address..............................................................................................................17
H. Settlement prior to trial ......................................................................................................17
Chapter III. What to do If Someone Sues You in Small Claims Court ................... 18
A. What to do if you are served with a summons and complaint...........................................18
B. If you agree with what the plaintiff says ...........................................................................19
C. If you do not agree with what the plaintiff says ................................................................20
D. Change of address..............................................................................................................21
Chapter IV. Preparing for Trial.................................................................................. 22
A. Collect evidence.................................................................................................................22
B. Contact witnesses...............................................................................................................22
C. Subpoena witnesses if necessary .......................................................................................22
D. Prepare outline ...................................................................................................................22
Chapter V. Trial ............................................................................................................. 23
A. Before trial .........................................................................................................................23
B. During trial.........................................................................................................................23
C. Suggestions about settlement.............................................................................................24
D. At the end of the trial .........................................................................................................24
Chapter VI. After Trial ................................................................................................ 25
A. Payment of judgment .........................................................................................................25
B. Installment payments of the judgment...............................................................................25
C. Judgment debtor refuses to pay judgment .........................................................................25
D. Relief from judgment.........................................................................................................26
Appendix A: Small Claims Statute and District Court Civil Rules .............................27
 Chapter I
INTRODUCTION TO SMALL CLAIMS
A. What is a Small Claims Case?
A small claims case is a simplified type of court case in which a person can attempt to recover
money or personal property worth $10,000 or less. If your claim is over $10,000, you can still
use small claims court but you must give up the right to collect the amount over $10,000. The
$10,000 figure does not include interest or court costs.
You do not need a lawyer in a small claims case, although you may have one if you wish.
Small claims court may only be used if all parties agree to use this simplified procedure.
Small claims procedure may not be used for any of the following:
1) disagreements about title to real property
2) actions to recover possession of real property
3) evictions
4) claims against the State of Alaska or the United States government
5) injunctive relief (a court order requiring a person to do or not to do a specified act)
6) actions to foreclose or enforce statutory, common law or possessory liens
This booklet explains small claims procedure. It is based primarily on the district court rules
established by the Alaska Supreme Court. A copy of these rules is included in Appendix A.
B. The Choice: Small Claims Procedure or Formal Procedure.
If you choose not to use small claims procedure, you can file a formal civil suit. But, if you do
so, you will have to follow the more complicated formal Rules of Civil Procedure, and you will
probably need a lawyer. See the chart on page 3 for a comparison of these two types of
procedure.
C. Who Can File a Small Claims Case.
Anyone 18 years of age or older may file. 1 A person under age 18 is allowed to file only with
the assistance of a parent or guardian. Partnerships, unincorporated associations, limited
liability companies, and corporations may also file small claims cases.
D. Who Can be Sued in a Small Claims Case.
The following may be sued:
1. Persons 18 years of age or older. Persons under age 18 may be sued through their parent or
legal guardian. Note: If the person is outside Alaska, the person usually cannot be sued in
small claims court unless a district court judge, rather than a magistrate, presides over the
case. This is because a magistrate may not preside over a small claims case if the
documents opening the case are delivered to the defendant outside the state, except in the
situations listed in #3 and #4 below. 2 See page 13.
2. Partnerships, unincorporated associations, limited liability companies and corporations
doing business in Alaska.
3. A landlord residing outside Alaska (see AS 34.03.340).
4. A nonresident owner or operator of a motor vehicle involved in an accident in Alaska (see
AS 09.05.020).
1
District Court Civil Rule 14 and AS 25.20.010. This age limitation does not apply to children
who have gone through court emancipation proceedings under AS 09.55.590 or who are
considered to have reached the age of majority under AS 25.20.020.
2
AS 22.15.120(c)
1 Alaska Small Claims Handbook
E. How to Start a Small Claims Case.
The one who begins the case is called the plaintiff. Procedures for the plaintiff are in Chapter
II, page 5.
F. How to Respond to a Small Claims Complaint.
If you have received a small claims Complaint, you are the defendant in the case. Procedures
for the defendant are in Chapter III, page 18.
G. Forms.
You can get small claims forms from your district court at no cost. Many of the forms are also
available on the web at www.courts.alaska.gov/forms.htm
H. Lawyers.
Most people who file or defend small claims cases do not use lawyers. Small claims
procedures are designed to be used without a lawyer, but you can be represented by a lawyer if
you wish.
Sometimes it is difficult to decide whether you should hire a lawyer. Some cases involving
only small amounts of money or property can be complicated. If you are unsure about whether
you should hire a lawyer, it is a good idea to talk to one about your case before you decide
whether you can handle it alone. If you do not know a lawyer, you can call or write:
Lawyer Referral Service
Alaska Bar Association
P.O. Box 100279
Anchorage, AK 99510-0279
Phone: 272-0352
or
800-770-9999 outside Anchorage
(toll free within Alaska)
If any party in a small claims case requests formal rules, each party should talk to a lawyer.
I. A Special Situation When Lawyers are Necessary.
There is one kind of case in which the District Court Civil Rules require that the person filing
the suit be represented by a lawyer. This is a suit to collect an assigned claim. District Court
Civil Rule 15(c). An assigned claim is one in which a person having a claim has assigned
(given or sold) this right to another person or to a collection agency.
Another situation in which you may find it necessary to consult a lawyer is if you sue a person
under age 18, a mentally incompetent person or a person in the active military service. There
are special laws protecting these persons from default judgment as explained in Section F.1. on
page 15.
J. Can Someone Other Than a Lawyer Represent You in a Small Claims Case?
No. Only lawyers (or legal interns) may represent other people in court. (The one exception to
this is that a person under age 18 may be represented by a parent or guardian.) Even though
you may have given someone a power of attorney allowing that person to act for you in certain
business transactions, a power of attorney will not enable a person to represent you in court. A
power of attorney may authorize you to sue on behalf of another person, but you must retain an
attorney to do so. Christiansen v. Melinda, 857 P.2d 345 Alaska (1993).
Alaska Small Claims Handbook 2
 COMPARISON OF PROCEDURES
SMALL CLAIMS FORMAL CIVIL
Filing Fee $40 if your claim is for $2500 $90 in district court
or less
$75 if your claim is for more
than $2500
Jury Trial no yes, if one is requested
Need for a Lawyer usually no usually yes
Formal Rules of Evidence at no yes
Trial
Forms Supplied by Court yes no
Cost of Serving Process on each
defendant
-by Certified Mail Postage plus $4. Postage.
(Plaintiff gives court stamped (Plaintiff handles mailing.)
envelope addressed to
defendant and completed postal
forms. Court handles mailing.)
-by Process Server usually $65 usually $65
Service of Process Allowed in cases being heard by Allowed.
Outside Alaska a district court judge.
Dist. Ct. Civ. Rule 11(a)(4),
AS 22.15.120(b)
When case is being heard by a
magistrate, then allowed only as
provided in:
- AS 34.03.340 (service on
nonresident landlord in
Landlord-Tenant Act case),
and
- AS 09.05.020 (service on
nonresident owner or operator
of motor vehicle involved in
accident in Alaska).
Complexity of Procedures There are approximately 15 to There are over 80 court rules
20 court rules governing small governing formal civil
claims procedure. procedure.
Estimated Time Before Trial 4 to 12 weeks after answer is 6 to 10 months after answer is
filed. filed.
3 Alaska Small Claims Handbook
 Sequence of Events in a Small Claims Case
Plaintiff
files case
Plaintiff attempts to have
Complaint, etc. served on
defendant.
Defendant is not served.
Plaintiff returns to court for Defendant is served.
instructions and makes further
attempts to serve Defendant.
Defendant files Defendant files Defendant
small claims request for does not pay
Defendant Answer formal rules and claim and
Pays Claim a formal does not file
Answer Answer
Plaintiff files Answer Answer Answer Answer Plaintiff files
Dismissal. admits denies denies claim denies claim request for
Case closed. claim claim and requests and makes default
change of counterclaim judgment
venue
Court awards Plaintiff Plaintiff Plaintiff Court may
Judgment. agrees or does not files request hold
Case closed. disagrees with request for formal hearing.
change of formal rules and
venue request rules files formal
Reply to
counter-
claim
Court decides Case proceeds Judgment
where venue under formal or
will be rules Dismissal.
Case closed.
Trial
Judgment. After case is closed, if judgment is not
Case Closed. paid voluntarily, plaintiff may begin
execution procedures.
Alaska Small Claims Handbook 4
 Chapter II
HOW TO START A SMALL CLAIMS CASE
A. Before You File.
You must always ask the defendant for what you want before you sue. It helps if your request
is in writing 3 . Your problem may be solved if the defendant decides to give you the money you
are owed or return the personal property rather than face a lawsuit.
It is not expensive to file a small claims action. However, if you lose, you will lose your court
costs, and you may also have to pay the defendant's court costs. Lawsuits should not be used
merely to harass people.
If you believe you have a good claim and can prove your case, you should file the suit. The
question you should ask yourself is whether you can show the judge facts which will prove
your case. The facts can come from your own testimony, the testimony of other people,
documents, pictures, and even the testimony of the defendant, whom you can call as a witness
and force to answer questions under oath.
An important thing to consider before you decide to sue someone to collect money is that the
court will not actually give you your money if you win. All the court will give you is a
Judgment stating that you are entitled to collect the money from the defendant. If the
defendant does not pay voluntarily, you must use another court procedure called "execution
procedure" to attempt to enforce the Judgment. This procedure will only be successful if the
defendant has money or property which can be seized to pay the Judgment. For more
information about execution procedure, ask the court clerk for a copy of the booklet Execution
Procedure for Judgment Creditors.
B. Filing Procedures.
1. Where to File.
District Court Civil Rule 12 requires you to file your case "at a place which will not cause
unnecessary expense or inconvenience to the defendant." It allows only three alternatives:
a. The district court nearest where the defendant lives or works is always a proper place to
sue.
b. If the defendant caused you personal injury or damaged your property, you can file suit
where the injury or damage occurred.
c. If you are suing a business, any place where it does or solicits business is a proper place
(for example: where it has a store or an office or sends salesmen).
2. How to File.
Get the following forms from the court or the web at www.courts.alaska.gov/forms.htm:
a. COMPLAINT (form SC-1)
b. SUMMONS (form SC-2)
c. ANSWER (form SC-3)
Fill them out as explained in section C below. Also, address the cards and envelopes the
court gives you.
3
In some cases the law requires you to make a written request. For example, the statute which creates civil
penalties for issuing bad checks requires the plaintiff to make a written demand (as defined in the statute) for
payment at least 15 days before filing suit. AS 09.68.115.
5 Alaska Small Claims Handbook
 File the completed forms at the proper court. Pay the court filing fee ($40 for a case
making a claim for $2500 or less; $75 for a case making a claim for more than $2500) and
service of process fees (see section D, page 13).
C. How to Fill Out the Forms.
1. Complaint
See the sample Complaint form (SC-1) on the opposite page. Please type or print when
filling out the form. Use black ink.
a Write the name of the city where the court is located.
b Write your name. See NOTE ABOUT NAMES below.
c Write defendant's name. See NOTE ABOUT NAMES below.
NOTE ABOUT NAMES: It is very important to name the plaintiff and defendant correctly.
If you list the defendant's name incorrectly, you may not be able to collect any money even
if you win your case.
To decide how to list the defendant's name, first decide who is responsible for the injury to
you. It may be an individual person or several persons or a business or, perhaps, both a
business and one or more individuals.
If you decide to sue more than one defendant, you must name each defendant separately.
For example, if you intend to sue both John Smith individually and XYZ corporation, you
must list both as defendants and serve each of them with a Summons.
Example: JOHN R. SMITH, individually; and XYZ, INC., an Alaska corporation.
If you decide to sue a business, you must find out whether the business is a corporation, a
partnership, or another form of business. You need to know this in order to name the
business correctly on the Complaint.
1) PERSONS
You must list a first and last name for each party. Include middle names or initials if
known. Spelling must be accurate.
NOTE: If you want to sue a husband and wife, name each one separately and serve
each with a Summons. Do not name them "Mr. and Mrs....".
Example: JEFFREY T. WILSON and MARY J. WILSON
2) CHILDREN
If the plaintiff or defendant is under age 18, both the minor and a parent or guardian
must be named on the Complaint 4 . District Court Civil Rule 14 requires minors to
appear through their parents or other guardians.
Example: TOM SMITH, a minor, through his parent, JOHN R. SMITH.
NOTE: If you are suing both a minor and the minor's parent, you must name them
separately:
Example: TOM SMITH, a minor, through his parent, JOHN R. SMITH; and
JOHN R. SMITH, individually.
4
This does not apply to children who have gone through court emancipation proceedings under AS 09.55.590 or
who are considered to have reached the age of majority under AS 25.20.020.
Alaska Small Claims Handbook 6
 IN THE DISTRICT COURT FOR THE STATE OF ALASKA AT a
)
b )
)
Plaintiff(s), )
)
vs. )
)
)
c ) CASE NO. d SC
)
Defendant(s) )
) COMPLAINT
Plaintiff is a corporation that has paid its taxes due the state and filed its
required reports.
e is not a corporation.
Defendant is indebted to the plaintiff in the principal amount of $ f
plus interest and court costs as a result of _________________________
g
which occurred at or near , Alaska,
on or about____________________________.
h Plaintiff has demanded relief from the defendant, but defendant has failed to
comply. Plaintiff requests small claims procedure, gives up the right to a jury trial
and formal procedure in this case, and waives all of this claim which exceeds
$10,000. If the court enters an order applying the formal Rules of Civil Procedure
rather than the District Court Civil Rules to this action, this waiver shall be null and
void. This action is filed at a court which will not cause unnecessary expense or
inconvenience to the defendant and is the court nearest to: (Check applicable
boxes.)
i the residence or place of employment of defendant.
where personal injury or property damage occurred.
where the defendant does or solicits business.
__________________
Print Name and Title (if applicable)
j ________________________
Date Plaintiff (Signature)
________________________________
Mailing Address City State ZIP
Home Phone Work Phone
Instructions: If you are filing documents supporting your claim (for example:
k promissory notes, checks, receipts, bills), you must also attach a copy of each
document for each defendant.
SC-1 (9/04)(st.3) Dist. Ct. Civ. R. 10(a) and 12(a)
COMPLAINT AS 10.06.848
7 Alaska Small Claims Handbook
 3) BUSINESS NOT A CORPORATION
If a business is not a corporation, list the name of the owner(s), d/b/a (doing business
as) and the name of the business.
Example: JOHN J. MILLER d/b/a John's Record Shop
If you do not know the name of the owner(s) or the exact name of the business, you
may be able to get this information by calling or writing to:
Department of Commerce, Community Juneau phone: 465-2550
& Economic Development Anchorage phone: 269-8160
Occupational Licensing Division.
P. O. Box 110806
Juneau, Alaska 99811-0806
The following is available to the public: name of owner, name of business, business
license number, type of business licensed to do and mailing address. This information
from the Department of Commerce, Community & Economic Development may also
be available at your local library.
4) UNINCORPORATED ASSOCIATION
If the plaintiff or defendant is an unincorporated association, list the name of the
association and identify it as an unincorporated association.
Example: BLUE RIDGE CONDOMINIUM ASSOCIATION,
an unincorporated association
5) PARTNERSHIP
If any party is a partnership, list the name of the partnership (or if there is no name,
list the names of the partners) and its identity as a partnership.
Examples: a) CENTURY APARTMENT PROPERTIES, a partnership
b) MICHAEL G. MILLER, MARY T. MILLER and
GEORGE R. SMITH, partners in an unnamed partnership
6) CORPORATION
If a business is a corporation, you must list the name of the business and identify it as
a corporation.
Example: WORLD FISH CANNERY, INC., a corporation
To find out if a business is a corporation and the name and address of the registered
agent and officers, contact:
Department of Commerce, Community & Economic Development
P. O. Box 110808
Juneau, Alaska 99811-0808
Juneau phone: (907) 465-2530
Anchorage phone: (907) 269-8173
For corporation information available on the web, you may go to:
http://myalaska.state.ak.us/business/. Read the instructions for searching the
Corporations Database.
d Leave blank. The court clerk will write the case number here.
e Check the correct box.
Alaska Small Claims Handbook 8
f Write the amount the defendant owes you. Be sure to write the full amount owed
even if it is over $10,000. As explained later on the form, you will have to give up
your claim to any amount over $10,000, but it is important to state the full amount on
this line so the judge will understand your claim.
If you are seeking statutory penalties (for example, bad check penalties under AS
09.68.115 or penalties for failure to refund a tenant's security deposit under AS
34.03.070(d), etc.) you must state that in your complaint.
If you are asking for the return of personal property, you must state on this line the
approximate value of the property. The court needs to know this in order to be sure it
has jurisdiction (authority) to hear the case in small claims court. If you want the
property rather than money, be sure to state this clearly. Be aware, however, that if
the property is gone and cannot be recovered, the only thing the court will be able to
give you is a judgment for money damages.
If you are afraid the defendant may dispose of the item you seek and it is very
important to you that you get that exact item, you may want to consider contacting a
lawyer. Discuss with the lawyer the advisability of filing a formal civil suit instead of
a small claim so you can (1) attempt to have the item seized prior to trial (prejudgment
attachment) or (2) ask the judge for a prejudgment restraining order requiring the
defendant not to dispose of the item. These remedies are not available prior to
judgment in a small claims case.
g On these lines briefly describe why the defendant owes you money (or personal
property).
h Read the first two sentences in this paragraph and be sure you agree with them.
i Read the sentence and then check one or more of the boxes. In this section you are
affirming that you have complied with the rule described on page 5 about where small
claims cases can be filed.
j Fill in all the blanks in this section. Print everything except your signature. The chart
on the following page shows who must sign the Complaint.
k Attach to the complaint any documents which support your claim (for example:
cancelled checks, bills, promissory notes, etc.). You must attach:
1) the original (or a copy) for the court and
2) a copy for each defendant.
If you do not want to attach your originals, you can attach copies. However, be aware
that in some cases you will have to give the court the original document before the
court can give you a judgment (for example: promissory notes, NSF checks, etc.)
Failure to attach adequate supporting documentation may delay the processing of your
case.
9 Alaska Small Claims Handbook
 Who Must Sign the Complaint
If Plaintiff is: The Complaint Must be Signed by the Lawyer
Representing the Plaintiff or, if None, by:
An individual person That person
Two or more persons Each person
A minor A parent or guardian
A person doing business under an
That person
assumed business name
An unincorporated association A person authorized in writing by the charter, bylaws or
governing body of the association
The written authorization must be filed with the Complaint,
and the person signing must also list his or her title or
position in the association.
A partnership One of the partners
A corporation or a limited One of the officers or, for a limited liability company, a
liability company managing member
or
an employee authorized in writing (The written authorization
must be filed with the Complaint and must be signed by a
corporate officer, a managing member of a limited liability
company, or be a resolution of the board of directors of the
corporation.)
The person signing must also list his or her title or position
in the corporation or the limited liability company.
2. Summons (form SC-2)
You must fill out a separate Summons for each defendant. Fill out only the top of the form
(shown on the opposite page).
On lines a , b , and c of each Summons write the same things you wrote on these
lines on the Complaint. Leave the case number line blank.
Alaska Small Claims Handbook 10
Section d is for the defendant's name and address. If you are going to have the Summons
served on the defendant by certified mail, use the defendant's personal mailing address. If you
want the Summons served by a process server, you must provide service instructions for the
process server. See page 13 about serving the Summons.
IN THE DISTRICT COURT FOR THE STATE OF ALASKA AT a
b )
Plaintiff(s) )
)
vs. )
)
c ) CASE NO. SC
Defendant(s) )
) SUMMONS
TO:
ADDRESS: d
Additional information about how to address the Summons:
If the defendant is a:
a. PERSON
Be sure to use the defendant's personal address and not the defendant's work address. This
is especially important if you want the Summons served by certified mail.
b. MINOR
The minor and the minor's parent or legal guardian must each be served with a separate
Summons:
Example: (assuming Tom Smith is a minor):
1st Summons TO: Tom Smith, a minor
(address)
2nd Summons TO: John R. Smith
Parent of Tom Smith, a minor
(address)
c. BUSINESS NOT A CORPORATION
The Summons must be addressed to the owner of the business.
Example: TO: John J. Miller, Owner
John's Record Shop
(address)
11 Alaska Small Claims Handbook
 d. UNINCORPORATED ASSOCIATION
The Summons must be addressed to one of the following:
1) an officer, or
2) a managing or general agent, or
3) any other person authorized by appointment or by law to receive service of process.
Examples: TO: Bob Black, President
Blue Ridge Condominium Association
or
TO: Betty White, Manager
Tundra Sportsmen's Association
e. PARTNERSHIP
The Summons must be addressed to one of the following:
1) one of the general partners, or
2) a managing or general agent of the partnership, or
3) any other agent authorized by appointment or by law to receive service of process, or
4) a person having control of the business of the partnership.
Examples: TO: Mike Miller, General Partner
Century Apartment Properties
(address)
or
TO: Joe Carter, Manager
Century Apartment Properties
(address)
f. LIMITED LIABILITY COMPANY
The Summons must be addressed to one of the following:
1) The registered agent, or
2) a managing member, or
3) a managing or general agent of the limited