This training module is designed as a series of lessons aligned with the 63 multiple-choice questions from the Alaska Board Certification for Service of Legal Process exam. Each lesson provides real-world examples, context, and citations to Alaska statutes, court rules, or regulations for deeper legal grounding. The tone is professional yet conversational, suitable for adult learners with intermediate knowledge. Emphasis is placed on understanding concepts and test readiness, including clarification of any ambiguous or outdated exam questions. Key tips, mnemonics, and summaries are included to aid retention.
Lesson 1: Service of Summons and Complaint – Fundamentals of Process Serving
Role and Authority of Process Servers: A process server’s primary role is to deliver legal documents (such as summonses, complaints, writs) to parties in a lawsuit, ensuring they are properly notified of legal actions. In Alaska, “process” refers to court orders like summonses, writs of execution, and other documents required to be served personally. Only certain individuals may serve process in Alaska: peace officers (e.g. state troopers), or private persons specially appointed/licensed by the Commissioner of Public Safety. Alaska’s Civil Rule 4(c) and Administrative Rule 11 authorize private civilian process servers, who must be licensed under AS 22.20.120 and 13 AAC 67, to serve process statewide. (In other words, unlike some states that allow any adult to serve papers, Alaska requires process servers to be peace officers or licensed civilians.) The minimum age to be a licensed process server is 21 years old per regulation.
Example: John Doe, Licensed Process Server – John is a licensed process server in Alaska. An attorney hires John to serve a civil summons and complaint on a defendant in Anchorage. John’s duty is to deliver the documents and then provide proof of service to the court. Because John is licensed (a private person “appointed” by the commissioner), he is authorized to serve the papers, which a random friend of the plaintiff would not be allowed to do.
Serving the Summons and Complaint: Under Alaska Civil Rule 4, when a lawsuit is filed, the court clerk issues a summons for each defendant, and each defendant must be served with both the summons and a copy of the complaint. This means yes, a complaint must accompany a summons when you serve it. The summons is an official notice to the defendant that they are being sued and must respond within a certain time. The complaint explains what the lawsuit is about. To whom do you deliver the summons? Always to the defendant (the person being sued) – not the plaintiff, witnesses, or judge.
When serving an individual defendant, personal delivery is typical: hand the papers directly to the person, or leave them at their dwelling with someone of suitable age if allowed. In Alaska, an incompetent person (e.g. someone under guardianship due to incapacity) can still be served – usually by serving their legal guardian or following special court procedures – so the exam answer is Yes, an incompetent person can be served. (There is no absolute immunity from service for incompetents; the key is proper service through guardians or representatives as required by Civil Rule 4.)
For serving a corporation or business entity, Alaska law generally requires serving an officer or the registered agent of the company. That is, you deliver the summons/complaint to the corporation’s registered agent or an officer at the corporation’s registered address (not just any employee). This ensures the business officially receives notice.
Who is a “judgment debtor”? A quick note: in a civil case, the “defendant” is not always the “judgment debtor” – only if the defendant loses and a judgment for money is entered against them do they become a judgment debtor. So the exam answer to “In a civil action, is the defendant always the judgment debtor?” is No. For example, a defendant might win the case (no debt), or the case might be dismissed. Only if the court issues a money judgment against the defendant does that defendant owe money (debtor).
Service on Special Parties – Minors and Government: A peculiar exam question asks, “Can a minor be executed on?” – phrased ambiguously. The term “executed on” in this context means subjected to execution of judgment or legal process (it does not mean bodily harm). The question is essentially asking if legal enforcement actions (like property seizure or garnishment) can be carried out against a minor’s property. The answer given is “Yes, with parental consent.” This reflects that if a minor is involved, the court may require appointment of a guardian or some consent to satisfy due process. In practice, minors generally are not directly sued unless through a guardian, but if a minor owns property that a court has decided can be taken (perhaps via a guardian’s involvement), the process can proceed. Clarification: The phrasing “executed on” is outdated – we’d simply say “can legal process be enforced against a minor’s assets.” The key point is that minors are not absolutely exempt from legal process, but additional steps (like guardian consent/appointment) are required. For the exam, remember a minor is not immune if proper procedures (guardian ad litem, etc.) are in place.
Serving the United States or State Government: If you must serve a civil summons on the U.S. government (e.g. the USA is a defendant), special rules apply. Federal Rule of Civil Procedure 4(i) requires delivering copies of the summons and complaint to the local U.S. Attorney and mailing copies to the U.S. Attorney General in Washington, D.C. The exam simplifies this to asking whom you would serve for “USA as defendant,” expecting the answer “the U.S. Attorney General.” Indeed, one required step is to send a copy by certified mail to the U.S. Attorney General. (In reality you also must serve the local U.S. Attorney’s Office, but the Attorney General is the key figure in the answer.) For serving the State of Alaska in a civil case, Alaska Civil Rule 4(d)(7) provides that you serve the state by delivering the summons/complaint to the state’s attorney general or a designee, and to any named officer or agency. The exam didn’t explicitly ask this, but it’s useful to know: serving state government means serving the Attorney General’s office.
Real-World Context: Why all these rules? Proper service of process is fundamental to due process – it gives the defendant notice and opportunity to respond. If service is done incorrectly (wrong person, missing complaint, etc.), the case can be thrown out or judgment delayed. For example, if John (our process server) simply tossed the summons in the general direction of the defendant or served the wrong person, the defendant could later claim they never got notice. Thus, strict adherence to Civil Rule 4 and related statutes ensures the courts have jurisdiction over the defendant.
Citations: Alaska Rule of Civil Procedure 4 outlines summons issuance and service requirements. AS 22.20.120 and 13 AAC 67.005 define the authority of civilian process servers (private persons designated to serve process). Always check these rules for the details on who can serve and how to serve, as these are directly tested on the exam.
Key Tips for Lesson 1: A handy mnemonic for valid service: “PRACTICE” – Papers (summons & complaint together) ; Right Person (defendant or proper agent); Authorized Server (licensed process server or peace officer); Certificate/Affidavit of Service returned; Timely (serve within 120 days of filing, per Civil Rule 4(f)); Incompetents via guardians; Corporations via registered agent; Exceptions for minors/government (special procedures). This covers the essentials that the summons must be correctly delivered by an authorized person to the appropriate party with the necessary accompanying documents and within required time.
Lesson 2: Subpoenas – Serving Witnesses and Document Demands
A subpoena is a court order compelling someone to appear in court as a witness or to produce documents. Process servers are often tasked with serving subpoenas on witnesses. This lesson covers who may issue and serve subpoenas, and the special rules regarding witness fees and enforcement.
Issuing and Serving Subpoenas: In Alaska state courts, subpoenas are generally issued by the court clerk (or an attorney, if authorized by the court’s rules, but the exam emphasizes the clerk). The exam asks “Who can issue a subpoena?” and the expected answer is “the clerk or deputy clerk” (not just any attorney or judge). Once issued, who can serve a subpoena? Anyone over 18 who is not a party to the case can serve a subpoena. This is similar to many jurisdictions – a subpoena can be delivered by a process server, sheriff, or any disinterested adult. In practice, process servers handle most subpoenas, ensuring neutral service.
Example: Serving a Witness – Suppose you need to subpoena a bystander to testify in a car accident case. The court clerk signs the subpoena. You hire an independent process server to serve it on the bystander. You could also ask any reliable adult friend (not involved in the case) to hand-deliver it, but using a licensed process server provides professionalism and proof of service. The server finds the witness at home, hands them the subpoena, and then completes a return of service.
Witness Fees and Mileage: When serving a subpoena, Alaska Administrative Rule 7 requires that you tender a witness fee and mileage payment to the witness at the time of service. This means you must include a check (or cash) for the statutory fee and the estimated travel mileage. The purpose is to compensate the person for their time and travel to court. The current rule (Admin. Rule 7) sets the witness fee at $12.50 for each half-day (or portion) of attendance and $25.00 for a full day. Mileage is paid at the same rate per mile that state employees receive for travel (this rate can change; the court’s website usually provides the current rate – often around the $0.50/mile range, but check the latest figure).
However, the exam might reflect an older figure. It asks, “How much is a witness fee check for up to three hours?” The official answer given was $15.00, which doesn’t match the $12.50 in Admin Rule 7. Clarification: This appears to be an outdated amount or rounding up for exam purposes. By rule, up to 3 hours is considered a half-day = $12.50. Possibly the exam expects $15 due to a common misunderstanding or a prior rule version. But legally, it’s $12.50. For safety on the exam, remember the answer given ($15) – but know that in real life it’s $12.50 per half day (we mention this so you’re not confused if you see both figures). For over 3 hours (more than a half day), the fee is $25.00. Indeed, another question: “If a person is subpoenaed for 4½ hours, what is the check amount?” – correct answer: $25.00. That aligns with the full-day fee (over 3 hours counts as a full day). So you can deduce: half day = $12.50 (exam says $15), full day = $25.
Mileage must also be included. The mileage rate isn’t explicitly asked in the exam except generally (“witness fee and mileage check” is the answer to what must accompany a subpoena). As a tip: if you’re subpoenaing someone in Alaska, you typically include $12.50 + mileage (if their round trip will take 3 hours or less), or $25 + mileage (if more). Check the Alaska Court System’s website for the current mileage rate (e.g. $0.575 per mile, etc.), but the exam won’t ask for the exact cent value – just know to include both fee and mileage.
Service on Alaska vs. Other Parties: If you are subpoenaing a witness who is an Alaska state employee or an expert for the State (for a case where the State of Alaska is a party), do you need to tender a fee? The exam asks, “If the State of Alaska is a party, do you need a witness fee check for the subpoena?” The answer is No. Generally, when a state employee is summoned by the state (e.g. a police officer called by the prosecution), the fee is often waived because it’s a cost to the state itself. Also, certain officials might not require prepayment of fees. But if you, as a private party, subpoena a state employee, it’s safest to still provide the fee unless instructed otherwise. The test answer implies that when Alaska (or any government) is bringing its own witness, you don’t tender a fee. Remember: for private witnesses, always attach the fee; for state’s own witnesses, a fee check may not be required.
Consequences for Non-Compliance: What if a person is served a subpoena and doesn’t show up in court? The exam answer: “They are held in contempt of court.” This is exactly right – a subpoena is a court order, and ignoring it can lead to contempt sanctions (which might include fines or even an arrest warrant in some cases). In real-world practice, if a witness fails to appear, the lawyer can ask the judge to issue a show-cause order or bench warrant. Contempt of court is the formal finding when someone disobeys a subpoena without adequate excuse.
Real-World Tip: Always document your service of a subpoena carefully. If the witness later claims they weren’t served, your proof of service and the fact that you provided the fee can be shown to the judge. A witness who was properly served and paid and still no-shows will have little excuse and could face contempt.
Who Serves a Writ of Assistance? (Related to subpoenas in that it’s another document to serve, though not a subpoena): A Writ of Assistance is a court order (usually in eviction cases – covered in Lesson 7) that directs law enforcement to assist in enforcing a judgment for possession. The exam asks, “Who serves a writ of assistance?” The answer: Peace officers (police or state troopers) serve writs of assistance. This makes sense because a writ of assistance often involves forcibly removing someone or taking action that only law enforcement has authority to do, not a civilian process server. So, remember: subpoenas and most process = can be served by civilian process servers; writs of assistance = served by peace officers.
Citations: Alaska Administrative Rule 7(a) sets witness fees at $25/day (or $12.50/half-day) and requires tendering fees and mileage in advance. Alaska Civil Rule 45 covers subpoenas and implicitly allows service by any non-party adult (similar to Rule 4). The requirement to serve the “Judgment Debtor Booklet” along with certain execution notices (mentioned in Lesson 4) comes from AS 09.38.080 and the Alaska Court System procedures, ensuring debtors are informed of exemption rights – a concept somewhat analogous to serving information, not directly a subpoena but another paper that must accompany service of certain documents.
Key Tips for Lesson 2: Think “SUBPOENA” – Serve with Upfront fee, By eligible adult, Penalty for no-show (Contempt), Official issuer (Clerk), Exceptions for state (no fee needed for state’s own witnesses), Notice to witness of when/where to appear, Attach mileage. This captures the essentials to remember about subpoenas. In short: Always attach the check! It’s an easy exam point and a common mistake to forget.
Lesson 3: Garnishments – Writ of Execution for Earnings
When a plaintiff wins a money judgment, one common way to collect is through garnishment of the debtor’s wages. This lesson aligns with exam questions on writs of execution for garnishment, employer duties, and related exemption notices.
What is a Garnishment of Earnings? It’s a legal process (via a Writ of Execution for Garnishment of Earnings) by which a portion of a judgment debtor’s wages are withheld by their employer to pay off a judgment. The court issues a writ, and it is served on the debtor’s employer. The employer then must regularly send part of the debtor’s paycheck to the court or creditor. In Alaska, wage garnishments create a continuing lien on wages – meaning the lien (and the withholding) continues from paycheck to paycheck until the debt is satisfied.
Employer’s Obligations Upon Receiving a Garnishment Writ: The exam asks, “What must an employer do upon receiving a Writ of Execution for Garnishment of Earnings?” The correct answer: “Respond and garnish wages until the writ is satisfied.” In practice, when an employer is served with a garnishment writ (CIV-525 form in Alaska), they are required to promptly respond (usually by filling out an Employer’s Response form CIV-526) acknowledging the employee’s employment and start withholding the non-exempt portion of wages. They then periodically send the withheld amounts to the court or creditor, continuing until the total amount of the judgment (plus interest) is paid in full.
Alaska Statute 09.38.035(a) explicitly states that once a garnishee (employer) is served, the garnishment lien continues on all the debtor’s future paychecks until the writ’s amount is paid or the employment or judgment ends. This means garnishments do not expire after a set time; they run continuously. Indeed, the exam asks “Do garnishments expire?” – the answer: No. Unlike some states that require renewing a wage garnishment every so many days, Alaska’s wage garnishment is a continuing lien (the employer will keep garnishing each pay period). It will terminate only when one of a few conditions occurs: the debt is paid, the employment ends, or the court otherwise orders termination.
How many times do you serve a wage garnishment? Just once is enough. Because of the continuing nature, you do not need to serve a new garnishment order every month. One writ on the employer covers it until satisfied. So the exam answer: “How many times do you serve a garnishment of wages?” – Once. (If the debtor changes jobs, of course you’d serve the new employer, but each employer just gets one writ.)
After being served, the employer must respond within the time stated on the writ (often immediately or within a few days). The exam specifically had a question that a third party served with a Notice of Levy must respond within 24 hours. For wage garnishments, there is a similar urgency: the employer should start withholding from the next paycheck and return the response form promptly (Alaska Civil Rule 69 and associated procedures require quick compliance). The “24 hours” likely refers to notifying the process server or court if the third party (like a bank or employer) has the assets – essentially, immediate compliance is expected. So remember, third parties (employers, banks) can be held liable if they don’t timely honor the garnishment or levy – hence the emphasis on responding within 24 hours (one business day) on the exam.
Exemption Notices – Individuals vs Corporations: When serving a writ of execution for garnishment on an individual’s wages, Alaska law requires that the debtor be given a Notice of Garnishment and Notice of Right to Exemptions (this informs them of protections like the exempt portion of wages). However, if the judgment debtor is a corporation, no exemption rights apply (exemptions are personal to individuals, e.g., a person’s earnings or property up to certain amounts are exempt under the Alaska Exemptions Act, AS 09.38). The exam asks, “Must exemption notices be served when a corporation is the judgment debtor?” The answer: No.. In real terms, you do not need to provide a notice of exemptions to a corporate debtor because corporations cannot claim personal exemptions – those laws protect natural persons’ basic income and property, not companies. So, if you’re garnishing a company’s bank account or attaching a company’s assets, you skip the exemption notice step that you would do for an individual. (For individuals, remember to include or serve the exemption notice form as required by AS 09.38.080(c) and (f) – the exam doesn’t ask directly about the form number, but it’s a critical practical step).
Real-World Example: Wage Garnishment Scenario – Jane wins a judgment of $5,000 against Bob. Bob has a job at XYZ Corp. Jane obtains a Writ of Execution for Garnishment of Earnings from the court. The writ is served on XYZ Corp’s payroll department by a process server. XYZ Corp must then, typically within a day, start withholding a portion of Bob’s next paycheck. XYZ will also fill out the Employer’s Response form confirming Bob works there and send it back. Each payday, XYZ deducts the non-exempt amount (in Alaska, generally up to 25% of disposable earnings or the amount over 30 times the minimum wage – federal limits – whichever is less, since Alaska follows federal wage garnishment limits) and sends it to the court for Jane’s benefit. They keep doing this until the $5,000 plus interest is fully paid off, then the garnishment stops. Bob as an individual would have received a notice of his exemption rights (for example, he might be partially exempt if his earnings are very low). If Bob’s employer ignored the writ or delayed, the employer could be on the hook for the amounts not withheld – hence, they must respond quickly, essentially immediately or within one business day.
Legal Grounds: The continuing nature of wage garnishments is codified in AS 09.38.035 – it creates a lien on earnings due at the time of service and continuing to future earnings until the writ is satisfied. Also, Alaska Civil Rule 69 and Administrative Rule 11 address that creditors can recover certain service fees and costs from the debtor for executing on a judgment (we’ll cover those in Lesson 8 on Fees). But importantly, Civil Rule 69 requires that the debtor be notified of exemptions, which is why the Notice of Garnishment and Exemptions is served (Civil Rule 69(f) references AS 09.38).
Ex-Parte Writs of Attachment vs. Garnishment: Sometimes you might see a question about ex-parte writs of attachment being valid for a certain number of days (in Q11, the answer was 7 working days). That actually refers to a prejudgment remedy (attachment, covered in Lesson 4) and is separate from a wage garnishment which is a post-judgment execution. Just to avoid confusion: attachments are covered next, but note the exam distinguishes those timelines.
Key Tips for Lesson 3: “GERM” for garnishment: Garnishee (employer) must answer fast (think 24 hours) and withhold wages, Exemption notice for individuals only, Run until paid (no set expiration), Make one service of the writ (continues automatically). Knowing these will answer most garnishment questions. Also remember: the employer is not to fire the employee because of garnishment (illegal under federal law) – not an exam question, but a real-world point; their duty is to comply and keep it confidential, not punish the debtor.
Lesson 4: Writs of Execution and Attachment – Enforcing Judgments and Prejudgment Remedies
In this lesson, we cover writs of execution (especially for seizing property or accounts) and writs of attachment (prejudgment seizure of assets). These are orders that allow a creditor or future creditor to take or “lock up” a debtor’s property. Key exam points include expiration dates, extensions, and required procedures like notice of levy and debtor exemptions.
Writ of Execution (Property Levy) vs. Writ of Attachment: A Writ of Execution is issued after a judgment, allowing seizure of the debtor’s property to satisfy the judgment. A Writ of Attachment is typically issued before judgment (prejudgment), to secure assets in advance if certain conditions are met (usually when a debtor might abscond or dissipate assets). The exam touches on both.
Expiration of a Writ of Attachment: The exam asks twice, essentially, when a writ of attachment expires. In Q3: “When does a Writ of Attachment expire?” Answer: 6 months from issuance. In Q5 specifically: “The expiration date of a Pre-Judgment Writ of Attachment is…?” Answer: 6 months from issuance. These refer to Alaska Civil Rule 89, which governs attachments. Indeed, Civil Rule 89(l) states that a prejudgment attachment order (after a hearing) is effective for 6 months unless a trial readiness notice is filed or judgment is entered sooner. In plain terms: once you get a prejudgment attachment, it will automatically dissolve after 6 months if you haven’t proceeded to trial or judgment, unless you formally extend it. You can move to extend it before the 6 months lapses (with notice to the defendant, and usually only if the delay is the defendant’s fault). So remember “6 months” as the lifespan of an attachment order.
The exam also asks “Can you extend a writ of attachment?” Yes, you can (with court approval). As noted, Civil Rule 89 allows extensions in additional periods by court order if justified. The answer is “Yes” – and a practical scenario might be if litigation is still ongoing after 6 months, the plaintiff can ask the court to keep the attachment in place.
Writs of Execution (Post-Judgment) – Notices of Levy: When a writ of execution is issued to seize property or money (like a bank account, or to conduct a levy on personal property), a Notice of Levy is typically served on any third party holding the debtor’s property (e.g. a bank or a person who owes money to the debtor) and on the debtor. The notice of levy informs them that the property is seized.
The exam asks: “A third party served with a Notice of Levy must respond within:” 24 hours. That means if, for instance, a bank is served with a notice of levy on an account, the bank should freeze the funds and respond immediately (usually by the next business day) to the server or court, indicating what was levied. This rapid response prevents the debtor from moving assets and puts responsibility on the garnishee to comply swiftly.
Also, “What is a public notice of levy?” The exam answer: “Writ posted on real or personal property.”. This implies that when you levy tangible property (say a car or equipment), you often post the writ or notice on that property as a public notice of its seizure. Indeed, if you seize, for example, a vehicle on someone’s property, you might affix a notice of levy to it (some jurisdictions literally tie a copy of the writ to the item). Alaska Civil Rule 69 and AS 09.35.140 (discussed below) ensure notice of execution sales are publicly posted, which ties into that idea.
Notice of Sale Requirements: After levy, if property will be sold at auction, certain notices are required by law. The exam asks: “What two things are done for a notice of sale?” The correct answer: “3 public postings and an affidavit of posting.”. Alaska Statute 09.35.140(a)(1) requires that for personal property, notice of sale be posted in three public places at least 10 days before the sale. (For real property, it’s more involved: posting 30 days prior and newspaper publication, but the question focused on the general concept of public postings.) The “affidavit of posting” is a statement by the server that they did post the notices as required. So typically, a process server or officer will post copies of the sale notice (for example, at the courthouse bulletin board, city hall, and the post office – or any three conspicuous places near the sale location) and then sign an affidavit that this was done, which is filed with the court. 10 days before sale is the key timing for personal property. This corresponds to the exam Q7 which we saw: posting not less than 10 days ahead.
For clarity, Q7 was: “How many days in advance must you post before a public sale of personal property?” – 10 days. That aligns with AS 09.35.140(a)(1). So memorize 10 days/3 postings for personal property sales. (Real property is 30 days + newspaper, but the exam didn’t drill into that detail except maybe indirectly in Q57’s wrong options.)
Certificate of Levy (Attachment on Real Property): The exam asks: “After attaching real property, what must be filed?” Answer: “A Certificate of Levy of Attachment with the recorder in the recording district.”. This means if you attach a piece of real estate, you need to record a notice (certificate) of that attachment lien in the local land records. This puts the world on notice that the property is under court attachment. Essentially, it’s like recording a lien. In Alaska, AS 09.40.040 and related statutes require recording the writ or a notice of levy with the recorder’s office. The exam answer phrasing suggests a specific requirement to file that certificate in the district where the property is – that’s correct practice. So remember: real property attachment = file a certificate of levy with the recorder.
Execution on Bank Accounts (“money is seized from a bank”): One question: “When money is seized from a bank, they can hold it for how long?” Answer given: 5 days. This likely refers to a waiting period banks observe – possibly to allow the debtor time to claim exemptions on funds or to account for checks clearing. Under federal law, an IRS bank levy has a 21-day hold, but that’s different. In Alaska civil execution, when a bank is served with a writ of execution (levy) on an account, the bank typically freezes the funds and after a short period (once it responds and if no exemption claim is made) releases them to the creditor via the court. The 15-day exemption claim window (discussed below) is relevant: the bank might hold for that period to see if the debtor claims exemption. However, the exam says 5 days. It could be referencing a specific detail or simply expecting you to know a short hold period. Possibly the bank holds the funds 5 days before remitting to allow any last-minute objection (though by law the debtor has 15 days to object to levy). This discrepancy is puzzling – the safer interpretation is: after a levy on a bank account, if no claim of exemption, the bank might send the money after a short period. We’ll take “5 days” as an exam factoid: the bank can hold seized funds for 5 days before turning them over.
Debtor’s Exemption Claim Timeline: As touched on in Lesson 3, a judgment debtor has 15 days to file a claim of exemptions after a levy. The exam Q21 asked, “How many days does a debtor have to file exemptions?” and the answer was 15 days. This is grounded in AS 09.38.080(f): an objection (claim) that seized property is exempt must be filed within 15 days after levy. So memorize 15 days. (The exam noted to verify the number, but Alaska law clearly says 15 dayslaw.justia.com, so that’s the number to use.) If the debtor files a claim, a hearing will be held to decide the exemption. If no claim in 15 days, the property can be sold or funds applied to the judgment. This ties back to why the bank might actually wait 15 days; the exam’s 5 days might not reflect current law, but perhaps some internal procedure. Prioritize the exam’s expected answer (15 days for debtor to claim exemption).
Summary of Enforcement Flow: You win judgment → get writ of execution → serve garnishees or levy property → give debtor exemption notice (15 days to respond) → if no response, proceed to sale or turnover. If seizing personal property or real estate, follow the posting and notice of sale rules (3 postings/10 days for personal, etc.). After sale, prepare return and necessary paperwork (bill of sale, etc., see Lesson 6).
Real-World Example: Seizing a Vehicle – You have a writ of execution to seize the debtor’s truck to sell. You go to the debtor’s residence and levy the truck (perhaps with a tow truck on standby). You post a Notice of Levy on the truck (public notice of seizure) and hand a notice to the debtor listing their exemption rights (they might exempt e.g. $4,050 of a motor vehicle’s value under Alaska law, which they have 15 days to claim). You also file a Certificate of Levy with the recorder’s office if it were real property (not needed for personal, but you might note the lien on title for a vehicle via DMV). You then arrange a sale: you post notices of sale in three public places at least 10 days in advance. If the debtor doesn’t claim an exemption or pay off the debt, the sale proceeds. After sale, you’ll prepare a bill of sale (see Lesson 6). If the debtor filed a claim of exemption within 15 days, the court would hold a hearing to decide how much of the truck’s value is protected, etc., before sale.
Ambiguous Term – “Executed Property”: The exam Q51 asks, “When must executed property be stored?” The answer: “In a bonded and insured place.”. The wording is odd: “executed property” likely means property that has been seized (levied) under a writ of execution. Essentially, if you as a process server have taken possession of someone’s property (like removed it from their premises), you must store it safely in a secure, bonded and insured facility until it’s sold or returned. Bonded/insured means the place guarantees security and has insurance in case of loss. This is a practical rule to protect both the debtor (so their seized property isn’t damaged or stolen) and the server (from liability). So any property seized should be kept in a reputable storage – for example, an impound lot, a secured warehouse – not just in your garage. And per exam, that’s mandatory.
Key Tips for Lesson 4: Focus on “LEVA” – Lifespan (attachments 6 months), Extension possible, Very fast response (third parties 24h to respond to levy), Affidavit & postings for sale (3 postings/10 days). Also recall the 15-day exemption window. With these, you can handle questions on how long orders last and what procedures must be followed during execution/attachment of assets.
Lesson 5: Property Seizure & Handling – Special Situations (Vehicles, Vessels, Planes, Storage)
This lesson delves into specific scenarios and responsibilities when physically seizing property under a writ – including who can move certain property, how to secure it, minimum bids at sale, and unique requirements for vehicles and aircraft. These were hot topics in the exam’s later questions.
Process Server Responsibility for Property: Once you levy (seize) property, who is responsible for it while it’s in limbo (waiting to be sold)? The exam asks: “Is a process server responsible for property while it is being taken?” The answer: Yes. As the officer executing the writ, you have a duty of care for the debtor’s property. You can’t just leave it unattended or let it get damaged. For instance, if you seize a debtor’s expensive equipment, you must safeguard it. If it’s lost or damaged due to your negligence, you could be liable. That’s why process servers/officers often bond and insure themselves and use bonded warehouses. In Alaska’s DPS Civilian Process Server Regulations, there’s an expectation of professionalism and care. So, unequivocally, the process server (or sheriff) is responsible for the seized property’s custody until disposal.
Storage and Insurance Costs – Who Pays?: While the server must arrange secure storage, the cost of storage and insurance for seized property typically falls on the creditor (judgment creditor) in the first instance. The exam asks: “Who is responsible for storage and insurance while property is waiting to be sold?” Correct: The creditor (judgment creditor). This may seem surprising, but think of it this way: the creditor is the one enforcing against the property, so they must advance the costs to keep that property safe (storage fees, insurance). Later, when the property is sold, the creditor can often recover those costs from the sale proceeds or as allowable costs added to the judgment (many courts allow adding reasonable storage costs to the execution costs). But initially, yes, the creditor pays for the tow, storage unit, security, etc. If a creditor isn’t willing to pay those, they might decide not to seize certain property. Therefore, on the exam: Creditor is responsible for storage/insurance costs until sale.
And where must it be stored? As noted, in a bonded, insured facility – somewhere secure that ideally has insurance coverage for the items (this protects both creditor and debtor). This was Q51’s answer as we saw. Many process servers have arrangements with local towing companies, impound lots, or warehouses for this purpose.
Moving Seized Vessels and Aircraft: Special skill is required to move certain property like boats or airplanes.
- “Who can move a vessel that has been seized?” The exam: “A licensed captain or person.”. In other words, if you seize a boat or ship, you need someone licensed to operate it (or tow it via a licensed operator) to relocate it. You can’t just have any person off the street sail a seized vessel – that would be risky and possibly illegal. A “licensed captain” implies a US Coast Guard licensed captain for larger vessels, or at least someone with appropriate boating credentials. The process server will typically coordinate with such an individual if the vessel must be moved to a storage berth or sold.
- “Who can move a plane that has been seized?” Answer: “A qualified pilot who must follow FAA rules.”. So if you levy an aircraft, you as a process server are not going to taxi or fly it yourself (unless you are a qualified pilot). You’d hire a licensed pilot or work with airport authorities to relocate or secure the plane. FAA regulations must be observed – e.g., maybe the plane must be moved to a hangar or tied down in a certain way. The key: only someone with the proper pilot license and authorization should move an aircraft, and they must do so in compliance with aviation rules.
- Related: “If you seize a plane, what must you have first?” The answer given: “Certificate of registration.”. Likely this means before physically seizing or moving an aircraft, you should obtain its registration certificate (which proves ownership and details of the plane). In practice, a process server would confirm the plane’s tail number (N-number) and get a copy of its FAA registration to ensure the right plane is seized and to check for liens. The certificate of registration is usually in the plane or available via FAA records. For exam purposes, remember: When seizing a plane, get the certificate of registration (to verify identity and ownership). It’s a due diligence step.
- “If a plane being seized is not moved, what must you do?” Correct answer: “Chain the propeller or remove the battery.”. This is a safety measure: if for some reason you can’t relocate the plane from where it sits (maybe it’s not airworthy or there’s no immediate place to hangar it), you secure it to prevent unauthorized use. Chaining the propeller (so it can’t turn/start) or removing the battery (so it can’t be started) are practical steps to immobilize a small aircraft. Essentially, disable the plane to ensure the debtor doesn’t just fly it away or someone doesn’t accidentally use it during the levy period. This answer highlights how detailed the process serving can get – not just paper-pushing, but real physical precautions.
Seizing Motor Vehicles: The exam’s final question: “Before seizing a motor vehicle, what 4 things do you need?” Correct: “VIN or license number, whether there is a lien, description, and location.”. Let’s unpack that. Before you grab someone’s car, you should gather: the Vehicle Identification Number (VIN) or at least the license plate number (to uniquely identify it), determine if there’s a lien on it (for example, a bank loan – because a secured creditor’s interest might come first or need notice), a description (make, model, color – to ensure you seize the correct vehicle), and the location of the vehicle (where you will find it). In other words, do your homework: you can often run a title search to see who’s listed on the title (and liens) using the VIN or plate via DMV (which corresponds to “Department of Motor Vehicles” – note: earlier Q9 was “How is service made to a non-resident owner of a motor vehicle?” answer: through the DMV – that was about serving a non-resident via DMV as agent, under a specific statute, but it shows DMV’s role). So for seizing a vehicle, gather all identifying info and lien status first. This protects you from towing the wrong car or from failing to notify a lienholder. The location is obvious – you need to know where to find it (driveway, workplace, etc.).
So memorize those four: VIN, lien, description, location. A handy mnemonic: “Very Likely Desirable to Locate.” (VIN, Lien, Description, Location.)
Notice to Quit vs. Levy (non-sequitur but to clarify Q1 vs Q56): Q56 asked “What is public notice of levy?” we covered (posting writ on property). Don’t confuse that with Notice to Quit, which is unrelated (eviction notice, coming in Lesson 7).
Offset Bids and Minimum Bids at Execution Sales: When seized property is sold at auction to satisfy a judgment, a minimum bid might apply and the concept of offset bid comes into play.
- Offset Bid: The exam: “What is an offset bid?” Answer: “When the plaintiff (judgment creditor) bids on the property being sold.”. This refers to the creditor using the debt owed as credit in the auction. For example, if the debtor owes $10,000 and their car is up for auction, the creditor can bid up to $10,000 without actually paying cash – they offset the bid against what’s owed. If they win the bid for, say, $8,000, then they don’t pay money; they just reduce the debt by that amount (the debtor’s debt is satisfied by $8,000 worth). It’s basically a credit bid. So an “offset bid” means the judgment creditor bids on the property and offsets the purchase price against the judgment. This is common – creditors often bid on collateral to avoid it selling for too cheap or to obtain the item to resell themselves.
- Minimum bid for business property: According to the exam, 50% of wholesale cost or 25% of retail value is the minimum. Minimum bid on personal property: 50% of fair market value. These appear to be guidelines used to ensure the property isn’t sold for a grossly inadequate price. They are not in the statutes, but likely administrative or best-practice rules. For example, “business property” (inventory perhaps) shouldn’t be sold for less than half its wholesale value or a quarter of its retail – to prevent a windfall for buyers at the creditor’s/donor’s expense. “Personal property” (like used items) shouldn’t go for less than half of fair market value. In a real auction, if bids don’t reach those thresholds, possibly the sale would be postponed or the creditor might bid that minimum. This protects against absurdly low bids (e.g. someone tries to buy a $10,000 vehicle for $100 – which a court might not confirm as a fair sale).
While not statutory, remember these numbers as exam facts: 50% seems to be a recurring minimum (either of wholesale or FMV) in those answers. If you forget, think: the minimum bid is at least half of a reasonable value measure.
- Why these? Perhaps because AS 09.38 (exemptions) allows debtor to keep certain % of value? However, the exam specifically quotes those fractions. So memorize: Business assets: ≥50% wholesale or ≥25% retail; Personal assets: ≥50% of fair market value.
In practice, the process server might appraise or get values and instruct the auctioneer of these minimums. If no one bids that high, the property might not be sold (or creditor takes it for that credit amount). Note: The law (AS 09.38.080(d)) does say a bid must exceed the exempt amount plus any prior liens. So if an item has an exempt portion, the bid must at least cover that or the sale can’t deprive the debtor of their exemption. That ties into ensuring a minimum value as well.
After the Sale – Paperwork: Once the sale is completed, the process server or officer needs to finalize documentation. The exam: “After a sale, what do you prepare?” Answer: “A bill of sale – 2 copies.”. Generally, for personal property sold at execution, the officer issues a bill of sale to the purchaser as proof of purchase/free of liens (one copy for the buyer, one for the court file). For real property, one would prepare a sheriff’s deed. The question specifically says two copies of a bill of sale, which likely means one for buyer, one to file or for the creditor. So yes, prepare a bill of sale (in duplicate). Additionally, the officer would file a Return of Execution with the court detailing the outcome (which might incorporate a copy of the bill of sale or at least the amounts). But the exam answer focused on the bill of sale.
Non-Resident Motorist Service (from Q9): Slightly out-of-place here but worth noting: Q9 asked “How is service made to a non-resident owner of a motor vehicle?” Answer: Through the Department of Motor Vehicles (DMV). Alaska has a statute (AS 09.05.020) that if a non-resident is involved in an accident or operated a vehicle in Alaska, service of process in a suit arising from that can be made by serving the DMV (which acts as their agent) and mailing to the defendant. This is more of a civil procedure detail. The key: remember “non-resident motorist – serve via DMV.”. The question appeared early (#9) likely under summons/service category, but since it involves DMV, I mention it here.
FED vs. Execution: Don’t confuse the Writ of Assistance (eviction) which peace officers serve (Lesson 7) with writs of execution which process servers can serve. They are different tools.
Key Tips for Lesson 5: Think “SECURE” – Secure storage (bonded, insured), Experts for moving (licensed captains/pilots), Check registration/lien for vehicles and planes, Unable to move plane? Disable it, Responsibility lies with server (custody) but Resources paid by creditor (costs), Ensure fair bids (50% rules). This encapsulates the safety and diligence aspects needed when handling seized property.
Always remember: as a process server executing a writ, you’re acting under the court’s authority – so everything must be done by the book to protect all parties’ interests and the integrity of the process.
Lesson 6: Evictions (FED – Forcible Entry and Detainer) and Landlord-Tenant Notices
This lesson focuses on the eviction process, which in Alaska is called an F.E.D. (Forcible Entry and Detainer) action. It covers the Notice to Quit, service timelines before an eviction hearing, and the post-judgment Writ of Assistance to remove tenants. These correspond to questions on the exam about notices and timelines in eviction scenarios.
Notice to Quit and Vacate: In any residential eviction in Alaska, the first step is a Notice to Quit served by the landlord on the tenant. The exam asks, “What is a Notice to Quit and Vacate?” The correct choice: “A directive to stop activities and leave the premises.”. In plain terms, it’s a written notice from landlord to tenant saying “your tenancy is terminated and you must move out by a certain date” (and if the law allows, it might give the tenant a chance to fix the problem, such as pay the rent, within a short time to avoid eviction). For example, a 7-day notice to quit for non-payment of rent tells the tenant: you owe rent; if not paid within 7 days, you must vacate. A Notice to Quit includes the reason for eviction, any way to cure the issue (if allowed), and the deadline to vacate. It is not just a polite letter or an FYI – it’s a legally required step invoking Alaska’s Uniform Residential Landlord & Tenant Act (AS 34.03) or applicable law, and if the tenant fails to comply, the landlord can file an eviction lawsuit.
Real-world context: The Notice to Quit is very important. If it’s not served properly or the timeline is wrong, the eviction case can be dismissed. Common notices are 7-Day for nonpayment, 10-Day for material breaches, 30-Day for month-to-month termination, etc. The exam just needs you to know it’s the formal eviction notice telling a tenant to leave.
Example: Tenant Eviction Scenario – Susan rents an apartment from Landlord Larry. Susan stopped paying rent. Larry serves a 7-Day Notice to Quit for Non-Payment on Susan on March 1, stating she has until March 8 to pay all due rent or move out. This notice clearly directs Susan to leave the premises if she doesn’t pay. It’s a “directive to stop activities (i.e. stop occupying without paying) and leave the premises” – exactly as the exam answer indicates. If Susan pays in full by March 8, Larry must halt the eviction. If not, on March 9 Larry can proceed to court.
Service of Notice to Quit: Typically can be done by the landlord or anyone – personal delivery, posting on the door, or certified mail (the Alaska Landlord-Tenant Act allows these methods). The person who serves it should record how it was done, as proof may be needed in courtevictionalaska.com. This isn’t directly asked in the exam, but good to know.
Filing the Eviction (FED) and Summons: If the tenant doesn’t comply with the Notice to Quit, the landlord files an FED lawsuit. The court will issue an eviction summons with a hearing date. Now, importantly, the timing of service before the hearing: The exam asks, “How many days before an FED hearing can you serve the defendants?” The answer: 2 working days (at least). In other words, the tenant must be served with the eviction summons and complaint at least two business days prior to the hearing. This matches Alaska’s District Court Civil Rule for evictions which effectively requires a short notice period (eviction cases move fast, but not so fast that a tenant gets ambushed the day before). The Eviction Alaska website confirms: “the eviction hearing cannot be held until at least two days after the tenant is served”. So memorize: ≥ 2 working days before the hearing for service.
If the hearing is scheduled for Friday, you’d better serve by Wednesday (assuming no holidays). If not served in time, the hearing will be postponedevictionalaska.com. So process servers often are on a tight timeline to get eviction papers served quickly.
Writ of Assistance: Suppose the landlord wins at the eviction hearing and the tenant is ordered to move out by a certain date (the judgment of possession typically gives the tenant a short grace period, e.g. 48 hours or a few days, to voluntarily vacate). If the tenant still doesn’t leave, the landlord can obtain a Writ of Assistance, which is essentially the court empowering law enforcement to physically remove the tenant. The exam asks, “What do you need to get a Writ of Assistance?” The answer given: “An order and an affidavit by a judge.”. This wording is a bit confusing – likely it means you need a court order (the judgment for possession or a specific order from the judge) and the judge’s approval (perhaps an affidavit from the landlord that tenant didn’t leave, which the judge reviews to issue the writ). Generally, the process is: the landlord files a request (motion) for a Writ of Assistance with an affidavit stating the tenant has not vacated as ordered. The judge then signs the writ (which is an order directed to peace officers). So you need the judge’s order (which comes after presenting an affidavit). In short: a court order (from a judge, based on an affidavit) is required.
So, to parse the answer: “an order and an affidavit by a judge” – possibly they meant an order of eviction and an affidavit (by the landlord) approved by a judge. For exam purposes, remember that a Writ of Assistance is only issued by a judge’s authority and usually requires some paperwork showing it’s needed. Not something you just get automatically – you have to prove the tenant didn’t leave, etc.
Once issued, the writ will be given to a peace officer (State Trooper or police) who will execute it, usually by scheduling a time to meet the landlord, go to the property, and supervise removal of the tenant and their belongings if necessary (often a moving company is arranged). Only peace officers can carry out the actual eviction (civilian process servers do not physically evict people in Alaska).
FED Small Details: The exam also asked *“How many days before an FED hearing can you serve?” – 2 days we covered. There’s also Q25 that exactly matches that. So just reinforce: at least 2 working days.
Court Jurisdiction – Small Claims vs. Superior (related to evictions): It’s noted on eviction info that if the damages or rent due is under $100,000, the case can be in District Court; over $100k goes to Superior. Also, FED (eviction) cases are usually filed in District Court (which handles forcible entry/detainer). The exam didn’t directly question that, but Q31 in Lesson 8 covers Superior Court limit (which is none for general civil) and Q26 covers small claims limit.
Landlord-Tenant Act Basics: Landlords cannot just lock out a tenant or toss their belongings – they must go through this court process. The Notice to Quit is step one; then court; then Writ of Assistance if needed. During an FED hearing, often it’s a quick process: if tenant has no defense or fails to appear, a default judgment is issued (which might tie into those “default judgment immediately” answers in the exam, as eviction defaults are resolved quickly).
Tip: For Notice to Quit, each reason has a slightly different notice period (e.g. 7-day for nonpayment, 10-day for some breaches, immediate for certain violent conduct, 30-day for no-cause month-to-month termination). The exam’s question was general, so our answer was general. Always ensure the notice given matches what the law requires for the reason (the Alaska Landlord & Tenant Act – there is a booklet for it).
Key Tips for Lesson 6: Use “QUIT-2-WRIT” – Quit Notice first (directive to vacate), 2 days prior service of summons, then court, then Writ of Assistance with judge’s order if tenant holds over. Also remember Notice to Quit must be served properly, or the case can’t proceed – but the exam didn’t quiz the methods, just the definition. If you understand the flow: Notice → lawsuit → 2 days before hearing serve → judgment → writ if needed, you’ve covered the essential eviction timeline.
Lesson 7: Court Structure, Jurisdiction, and Timeline of Judgments
This lesson gathers miscellaneous yet important concepts: the levels of courts in Alaska and their jurisdiction, the categories of court process, and timing for issuance of judgments (especially default judgments) in both Superior and District Court. It aligns with questions about court types (Supreme, Superior, etc.), small claims limits, and how fast judgments are entered after defaults or trials.
Alaska Court Levels and Categories of Process: Alaska’s court system has: District Court, Superior Court, Court of Appeals, and Supreme Court. The exam’s phrasing in Q33: “What are the five categories of process from the court?” with answer “Supreme, Superior, District, Magistrate, and Appellate.” might sound confusing. Essentially, they are naming five judicial levels or sources of court process:
- Supreme Court – the highest state court (also an appellate court).
- Superior Court – the general trial court of unlimited jurisdiction (and hears appeals from District).
- District Court – lower trial court with limited jurisdiction (includes small claims, misdemeanor criminal, etc.).
- Magistrate – in Alaska, Magistrate Judges are judicial officers (within District Court) who handle certain minor matters; historically process from magistrates (now often called Magistrate Judges) would be in small cases or villages.
- Appellate – referring to the appellate courts (which in Alaska are the Supreme Court and Court of Appeals).
The list in the answer double-counts the Supreme as a separate category from “Appellate,” but we can interpret it as Supreme and Court of Appeals being the two appellate courts. To make sense: Five categories of courts issuing process: (1) Supreme Court, (2) Court of Appeals (appellate), (3) Superior Court, (4) District Court, (5) Magistrate (part of District). The exam likely expects you to identify the levels of courts. Answer A was Supreme, Superior, District, Magistrate, Appellate – note “Appellate” presumably lumping the appeals courts. So memorize those five names.
Alternatively, think of it this way: process can be issued by any of these courts (e.g., a subpoena from a Superior Court, a writ from a District Court, etc.). The Supreme Court issues certain writs (like certain supervisory writs), Superior and District issue the usual civil and criminal process, Magistrates (who serve under District) issue process in minor cases, and Appellate (Supreme/Court of Appeals) can issue process like appellate mandates.
Civil vs. Criminal Process: Q34 asks, “Court process is divided into which two categories?” The obvious answer: Civil and Criminal. All court actions are either civil (lawsuits between individuals/entities, family cases, etc.) or criminal (prosecutions by the state for offenses). This is straightforward but crucial. Civil process includes summonses, civil subpoenas, writs of execution, etc., while criminal process includes warrants, criminal subpoenas, etc. The exam answer A was civil and criminal. (Option C “Domestic and International” is wrong in this context; option B “Federal and State” refers to jurisdictions, not process type; option D “Civil and Administrative” ignores criminal, so yes, Civil/Criminal is correct.)
Jurisdictional Amounts – Small Claims and Superior Court:
- Small Claims Limit: The exam Q26: “Small claims goes up to what amount of money?” Answer given: $5,000.00. However, note the exam’s comment “(This may vary by jurisdiction; please verify with local laws.)” – indeed, Alaska raised its small claims limit to $10,000 in recent years (AS 22.15.040). As of 2021, small claims in Alaska handle up to $10,000. The $5,000 figure was an older limit (years ago it was $7,500, then became $10,000 in 2018). For the exam, they expected $5,000 (perhaps reflecting outdated info at the time the question was written). We will note: Small claims = $10,000 or less by current law, but the exam answer was $5,000. If the test is updated, go with $10k; if not, they might still have $5k listed. Given their note, they are aware of the change. In any case, small claims are a subset of District Court for smaller disputes with simplified procedures.
- District Court (general civil) jurisdiction in Alaska is up to $100,000 (and exclusive of small claims under $10k which can be either small claims procedure or regular district civil). Superior Court has no upper limit. Q31 asked: “What is the dollar amount limit for Superior Court cases?” Correct: “There is no limit.”. Superior Court is the court of general jurisdiction – it can hear cases involving any dollar amount (and certain types of cases like title to real property, probate, etc., exclusively). District Court by contrast is limited to $100k in civil (and some subject-matter limits). So if you see a question, Superior Court can hear multi-million dollar cases – no limit.
- For completeness: District Court up to $100k (and small claims to $10k), but those specifics beyond what was asked aren’t needed except $5k vs $10k small claims confusion.
Default and Confession of Judgment – Timing of Entry:
- “When is a judgment issued after a Superior Court confession or default?” The exam answer: Immediately. This refers to if a defendant in Superior Court either confessed judgment (agreed) or defaulted (didn’t answer), the court can enter the judgment right away, with no waiting period. Alaska procedure: in general civil, a default can be entered as soon as the conditions are met (e.g., failure to answer within 20 days), and the clerk or court often enters default judgment promptly. The exam answer “Immediately” suggests there’s no mandatory wait. (Contrast that with maybe other scenarios where a waiting period exists – e.g., in small claims, they mention waiting 48 hours after distribution of judgment before execution, but that’s post-judgment enforcement, not entry of judgment.) So, memorize: Default or confessed judgment = judgment entered immediately in Superior Court.
- “When you have a district [court] default, how long will it take to get judgment?” Answer: Immediately. So similarly, in District Court a default judgment is entered right away – presumably once you apply for it and prove entitlement, the magistrate or judge signs it without delay. (The wording “when you have a district default” implies the defendant didn’t show in a District Court case – typically they’d enter judgment on the spot at the hearing or as soon as paperwork is done.)
- “How long does it take to get a judgment issued other than a default?” Answer: 2 days. This likely means if the case is decided (for example after a trial or hearing), the judge will issue the judgment within 2 days. In many civil cases, judges might rule from the bench or within a few days provide a written judgment. The exam expects “2 days” – possibly reflecting that in simple proceedings (like a short trial or an FED hearing if contested) the judgment is prepared in a couple of days by the court clerk. So, if not an immediate default, plan on around 2 days for the judgment to be finalized. That’s not a hard law, but an operational timeline. It’s likely referencing District Court practice where after a trial, the judge has the clerk issue judgment in a day or two (especially for evictions or small cases).
To be safe: remember Default = instant judgment, Contested = judgment in a couple days. This fits both Q53/54 answers.
- Additionally, Q20 asked specifically about Superior Court default (“confession or default”) being immediate, which aligns with the above.
Out-of-State Papers – Record Retention: Q35: “How long are directions for out-of-state papers kept?” Answer: 4 years. This is an obscure detail likely from DPS policy or Admin Rules. “Directions for out-of-state papers” might mean instructions or documents when Alaska serves process for another state? Possibly, if Alaska process servers receive papers from out-of-state, they must keep the service instructions on file for 4 years. It could also refer to retaining a copy of the paperwork/instructions for serving someone out of state. In any event, the exam answer is clear: 4 years. So if you see anything about retaining records or directions, think 4-year retention. (This could be connected to Civilian Process Server regs requiring maintenance of certain records for a period; 4 years sounds plausible.)
Process Validity Requirements: Q36 asks, “All process issued by the court must have three things to be valid. Which of the following is NOT one of those three?” The options included “seal of the court,” “signature of the judge or clerk,” “date of issue,” and “witness’s signature.” The one that is NOT required is the witness’s signature. The first three are required:
- Seal of the Court – official court seal on the document (e.g., on a summons or writ).
- Signature of the magistrate judge or clerk – court process like a summons or writ must be signed by the judge, magistrate, or clerk issuing it.
- Date of Issue – the document should be dated when issued.
A witness’s signature is not a standard requirement on court process (unless the document itself is a witness subpoena, but that’s signed by the clerk, not the witness). Thus the answer was D, witness’s signature, as the thing not needed. Remember: Court process generally must bear the court’s seal, the official’s signature, and the date. Check any Alaska Civil Rule or Administrative Rule: e.g., Civil Rule 4(b) for summons says it must be under court seal, signed by the clerk, dated. The exam just tests that concept.
Miscellaneous: Q39: “Process issued by the state can include which of the following?” Answer: “Documents, letters (e.g., notice of liability, wage assignments, child support)”. This hints that not all process is a formal summons or writ; state agencies can issue notices like child support wage withholding orders, etc., which are also considered process. Essentially, don’t assume “process” only means court summons; it can be any legal notice or order that must be served (like a Dept. of Revenue child support notice, or a notice of liability for worker’s comp). They included that to broaden your understanding. So yes, process issued by the state can be various documents or letters in administrative matters, not just court summonses.
Recap of Court Hierarchy and Timing: To put it together:
- Supreme Court: No original civil jurisdiction (mostly appeals); issues appellate decisions, and extraordinary writs.
- Court of Appeals: Handles criminal appeals.
- Superior Court: Civil cases of any amount, felonies, family law, etc. No dollar limit.
- District Court: Civil up to $100k (small claims up to $10k), misdemeanors, etc.
- Magistrate Judges: handle very minor offenses, small claims, and as delegated by District.
- Small Claims: up to $10,000 (exam said $5k outdated).
- Judgments: Default = immediate; contested = ~2 days. Small claims default or District default – basically immediate.
- Don’t wait after default to seek execution (except small claims 48h rule for execution which is a nuance: in small claims you must wait 48 hours after judgment to issue a writ, but that’s separate from entering judgment itself).
Key Tips for Lesson 7: Use “J-CAT” – Jurisdictions (Supreme, Superior, District, etc.), Categories: Civil/Criminal, Amounts ($10k small claims, no limit superior), Timing of judgments (Immediate for default, 2 days for decision). And remember the 3 requisites on process: seal, signature, date – maybe think “Signed, Sealed, Dated (and delivered)!”
By studying these lessons, which correspond directly to the certification exam topics, you should be well-prepared to answer the multiple-choice questions and, more importantly, understand the practical reasons behind each answer. Always connect the rule or statute to why it exists (e.g., why 6-month limit on attachments? To prevent indefinite cloud on property without trial; why exemption notices? To protect debtors’ basic assets; why licensed servers? To ensure proper service). This context will make the knowledge stick and empower you as a future process server who not only passes the exam but also serves process lawfully and effectively.
Final Tip: Create flashcards of each question or key point and test yourself. Use mnemonics provided and imagine real scenarios as we did. When taking the exam, read questions carefully – sometimes two options may seem right (especially around numbers like days or dollar limits), but recall the exact figures from these lessons. Good luck on becoming an Alaska certified process server!
Sources:
- Alaska Statutes Title 9 (Code of Civil Procedure) and Title 34 (Landlord-Tenant Act) – various sections for executions, exemptions, and evictionslaw.justia.comlaw.justia.com.
- Alaska Rules of Civil Procedure (Rules 4, 45, 69, 89) – service of process, subpoenas, execution, attachmentcourts.alaska.govlaw.cornell.edu.
- Alaska Administrative Rules 7 and 11 – witness fees and process server fees/coststouchngo.comcourts.alaska.gov.
- Alaska Civilian Process Server Regulations (13 AAC 67) – professional requirements for process serverslaw.cornell.edu.
- Alaska Court System Self-Help & Forms (e.g., CIV-550 Creditor’s Handbook, CIV-720 Eviction) – procedures for execution and evictionevictionalaska.comcourts.alaska.gov.
- Eviction Alaska guide – explains Notice to Quit and eviction timeline in plain languageevictionalaska.comevictionalaska.com.
- LII/Cornell and Justia references for FRCP 4(i) (service on U.S.) and Alaska statuteslaw.cornell.edulaw.justia.com.