Alaska Small Claims

In Alaska, Small Claims Court is the forum through which small money disputes are resolved using simple and informal procedures. Alaskans benefit from understanding these procedures because they help to protect their rights and recover money without going through the complexity of full litigation.

What Is a Small Claims Court in Alaska?

Small claims matters are filed and heard in the Alaska District Courts. These proceedings are intended for resolving monetary disputes or recovering personal property below a set value. Various disputes are resolved through the small claims process, such as unpaid wages, property damage, debt collection, and breach of contract.

Usually, small claims proceedings are informal and do not involve jury trials. The parties in a case are expected to present relevant documents, photos, and receipts directly to a judge. In addition, Alaska law also allows representation by an attorney, although individuals may represent themselves. To assist litigants in understanding the process, detailed explanations of the small claims rules can be found in the Small Claims Handbook.

Small Claims Court Limits in Alaska

According to the Alaska Small Claims Handbook, a small claims case is a simple court case for a person to recover personal property or money of $10,000 or less. Nevertheless, a claim exceeding $10,000 can still be handled in the Small Claims Court if the plaintiff gives up the right to collect any amount over $10,000.

In addition, individuals filing a case must understand that small claims procedures cannot be used for matters involving injunctive relief, evictions, possession of real property, and claims against the United States government or the State of Alaska.

How to File a Small Claims Case in Alaska

To avoid complications or the dismissal of your case, it is necessary to follow these steps while filing a small claims case in Alaska:

1) Confirm eligibility and location

You can file a small claims case in Alaska if you are 18 years of age or older, a corporation or limited liability company doing business within the state, a parent or guardian acting on behalf of a minor, an out-of-state landlord, or a nonresident motor vehicle operator involved in an accident in Alaska. The most appropriate venue for filing is the District Court located nearest to where the defendant lives or where the business has an office.

2) Obtain the required forms

To begin the process, you must obtain forms SC-1 (Complaint), SC-2 (Summons), and SC-3 (Answer). These forms are available at the local clerk’s office or through the State Judiciary Self-Help webpage. When completing the forms, it is important to accurately list your name and the defendant’s name. You can also consult the sample forms provided in the handbook for guidance.

3) Pay the filing fee

In Alaska, small claims cases follow a statewide fee structure rather than being set by each court. If the amount in dispute is $2,500 or less, the filer can pay a filing fee of $50. However, for cases above $2,500, the base filing fee is $100. If you cannot afford to pay the fee, you may request a waiver by completing a Request for Exemption from Payment of Fees.

4) Serve the defendant

You must serve the right documents on the defendant and file a proof of service within 120 days from the date the small claims case was filed in court. To notify the defendant, you must provide a copy of the completed complaint, the summons, a copy of any supporting document filed with the complaint, and an answer form.

Using certified mail is the less expensive option to serve your documents. You may visit your local post office, complete the required forms, pay the applicable fees, and keep the green return receipt card that confirms that the defendant received the documents. Alternatively, you may hire a licensed process server to complete the service if the defendant has refused to sign for the certified mail.

5) Attorneys and representation

Whether you are filing as an individual, corporation, or partnership, you can choose to represent yourself in your small claims or hire an attorney to handle the matter on your behalf.

Small Claims Court in Major Alaska Cities

Small claims cases are heard in District Courts operating in various locations across the state:

• Anchorage (Third Judicial District) — Located in Nesbett Courthouse, 825 W. 4th Ave., Anchorage, AK 99501, the Anchorage District Court handles small claims matters in addition to other civil matters. For small claims matters, interested parties can contact the small claims department at (907) 264-0480.
• Fairbanks (Fourth Judicial District) — The Fairbanks District Court is situated at 101 Lacey Street, Fairbanks, AK 99701. Before visiting the courthouse, individuals can contact the small claims department by calling (907) 452-9267. In addition, new filers can submit their documents online through the TruFiling system.
• Juneau (First Judicial District) — Defendant can file the small claims case in person at the courthouse located at 123 4th Street, Juneau, AK 99811. The court also accepts new filings via the state’s e-filing system.

What to Expect at a Small Claims Hearing in Alaska

During the trial, each party gets the opportunity to present evidence under the judge’s direction. Usually, the plaintiff presents their case first, followed by the defendant. If the judge permits, both parties may be given a chance to provide a rebuttal. The plaintiff should present their case in chronological order and can inform the judge if any witnesses are present to testify. After the trial, the judge may issue a final judgment immediately or delay it until further notice. The court may decide to keep the evidence submitted by both parties for up to 30 days in case either party chooses to appeal.

The losing party can file an appeal to the Superior Court by submitting a Notice of Appeal (Form AP-100) within 30 days of the judgment if they believe a factual or legal error occurred. The Superior Court does not hold a new hearing but reviews the audio recordings, physical evidence, legal memoranda, and documents from the original trial to determine whether an error was made.

How to Search for Small Claims Records in Alaska

Unless sealed by court rule or state law, record seekers can find the following information while searching for small claims records in Alaska: the filing date, judgments, hearing dates, case number, and the names of parties involved.

1. CourtView: The CourtView portal contains an aggregate of trial court case information, which can be viewed by entering a case number. Nevertheless, some information may not be published online to protect individual privacy.
2. Clerk’s Office (copies/certified copies): To obtain certified copies of small claims records, interested parties may visit the courthouse where the case was heard.
3. Third-party tools: Some third-party websites provide case summaries for a nominal fee. It is important to verify the information against official records.