Amending Civil Rule 69, 1692

Full title: AMENDING CIVIL RULE 69 CONCERNING LIMITATION OF LEVIES ON THE ALASKA…

Court: Supreme Court of Alaska

Date published: Feb 19, 2009

Order No. 1692 (Alaska Feb. 19, 2009)

Opinion

Order No. 1692.

February 19, 2009.

FABE, Chief Justice.

IT IS ORDERED:

Effective Date: October 15, 2009.

Civil Rule 69 is amended to read as follows:

Rule 69. Execution — Examination of Judgment Debtor — Restraining Disposition of Property — Execution After Five Years.

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(e) Multiple Executions.

(1) Only one original writ of execution and one original writ of execution for garnishment of earnings may be issued and outstanding at any one time except:

(a A) An additional writ of execution may be issued while another is outstanding if either of the writs is to be served on the Department of Revenue to seize the debtor's Alaska Permanent Fund Dividend; only one writ can be levied against a debtor's Permanent Fund Dividend for each debt; or

(b B) Additional writs may be issued if the creditor alleges facts by affidavit which show there is property which cannot be served by the process server holding an outstanding writ because the property is outside the community in which the process server is authorized to operate and there is good cause to believe the debtor may remove or dispose of the property unless immediate action is taken.

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/s/ ____________________ Justice Matthews

/s/ ____________________ Justice Eastaugh

/s/ ____________________ Justice Carpeneti

/s/ ____________________ Justice Winfree