Free SMALL CLAIMS INFORMATION SHEET - What is a Small Claims Case? (SC-95) - Alaska

SMALL CLAIMS INFORMATION SHEET
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 this simplified procedure. Small claims procedure may not be used for any of the following: 1) 2) 3) 4) 5) 6) disagreements about title to real property actions to recover possession of real property evictions claims against the State of Alaska or the United States government injunctive relief (a court order requiring a person to do or not to do a specified act) actions to foreclose or enforce statutory, common law or possessory liens

If you decide to use this procedure, get the forms and Small Claims Handbook from the clerk's office.

COMPARISON OF PROCEDURES
SMALL CLAIMS Filing Fee $40 if your claim is for $2500 or less $75 if your claim is for more than $2500 Jury Trial Need for a Lawyer Formal Rules of Evidence at Trial Forms Supplied by Court Cost of Serving Process on each defendant - by Certified Mail Postage plus $4. (Plaintiff gives court stamped envelope addressed to defendant and completed postal forms. Court handles mailing.) usually $65 Allowed in cases being heard by 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 20 court rules governing small claims procedure. 4 to 12 weeks after answer is filed. There are over 80 court rules governing formal civil procedure. 6 to 10 months after answer is filed. AS 22.15.040; Dist. Ct. Civ. Rules 8-22 Postage. (Plaintiff handles mailing.) no usually no no yes yes, if one is requested usually yes yes no FORMAL CIVIL $90 in district court

usually $65 Allowed.

- by Process Server Service of Process Outside Alaska

Estimated Time Before Trial SC-95 (2/09)(cs)(bb-Page 1 of 2)

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 instructions and makes further attempts to serve Defendant.

Defendant is served.

Defendant Pays Claim

Defendant files small claims Answer

Defendant files request for formal rules and a formal Answer

Defendant does not pay claim and does not file Answer

Plaintiff files Dismissal. Case closed.

Answer admits claim

Answer denies claim

Answer denies claim and requests change of venue

Answer denies claim and makes counterclaim

Plaintiff files request for default judgment

Court awards Judgment. Case closed.

Plaintiff agrees or disagrees with change of venue request

Plaintiff does not request formal rules

Plaintiff files request for formal rules and files formal Reply to counterclaim Case proceeds under formal rules

Court may hold hearing.

Court decides where venue will be

Judgment or Dismissal. Case closed.

Trial

Judgment. Case Closed.

After case is closed, if judgment is not paid voluntarily, plaintiff may begin execution procedures.

SC-95 (2/09)(cs)(bb-Page 2 of 2)

AS 22.15.040; Dist. Ct. Civ. Rules 8-22