Alaska Statutes 09.38.040 – Priorities between continuing liens
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Alaska Statutes 09.38.040
- action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Lien: A claim against real or personal property in satisfaction of a debt.
- lien: means
(A) a security interest. See Alaska Statutes 09.38.500 - Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A lien obtained under Alaska Stat. § 09.38.035 has priority over any subsequent garnishment lien or wage assignment. A writ creating a continuing lien served upon an employer while a continuing lien imposed by a previous writ is still in effect shall be answered by the employer with a statement that the employer is holding no funds and with a further statement stating when all previous liens are expected to terminate. The subsequent writ has full effect from the termination of all prior liens or until it is otherwise terminated under Alaska Stat. § 09.38.035. However, a subsequent writ is not effective if a writ in the same cause of action is pending at the time of service of garnishment.