(a) Subject to Alaska Stat. § 06.60.360(e), and notwithstanding other provisions of this chapter,

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Terms Used In Alaska Statutes 09.38.065

  • Conviction: A judgement of guilt against a criminal defendant.
  • creditor: includes the state on behalf of a victim of a crime or a delinquent act. See Alaska Statutes 09.38.500
  • earnings: means money received by an individual for personal services and denominated as wages, salary, commissions, or otherwise. See Alaska Statutes 09.38.500
  • exempt: means protected, and "exemption" means protection, from subjection to process or a proceeding to collect an unsecured debt. See Alaska Statutes 09.38.500
  • household goods: includes those items that make a residence habitable according to modern standards. See Alaska Statutes 09.38.500
  • levy: means the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt. See Alaska Statutes 09.38.500
  • month: means a calendar month unless otherwise expressed. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • security interest: means an interest in property created by contract to secure payment or performance of an obligation. See Alaska Statutes 09.38.500
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • value: means fair market value of an individual's interest in property, exclusive of liens of record. See Alaska Statutes 09.38.500
  • victim: has the meaning given in Alaska Stat. See Alaska Statutes 09.38.500
  • victim of a crime or a delinquent act: means a victim of a crime or a delinquent act committed in violation of state law. See Alaska Statutes 09.38.500
  • wearing apparel: means clothing and garments intended and adapted to be worn on the person to protect the person against the elements or to provide personal comfort or decency, or serving to ornament the person but does not include jewelry. See Alaska Statutes 09.38.500
(1) a creditor may make a levy against exempt property of any kind to enforce a claim for

(A) child support;
(B) unpaid earnings of up to one month‘s compensation or the full-time equivalent of one month’s compensation for personal services of an employee; or
(C) state or local taxes;
(2) a creditor may make a levy against exempt property to enforce a claim for

(A) the purchase price of the property or a loan made for the express purpose of enabling an individual to purchase the property and used for that purpose;
(B) labor or materials furnished to make, repair, improve, preserve, store, or transport the property; and
(C) a special assessment imposed to defray costs of a public improvement benefiting the property; and
(3) a creditor may make a levy against exempt property of any kind to enforce the claim of a victim, including a judgment of restitution on behalf of a victim of a crime or a delinquent act, if the claim arises from conduct of the debtor that results in a conviction of a crime or an adjudication of delinquency, except that the debtor is entitled to an exemption in property

(A) not to exceed an aggregate value of $3,000 chosen by the debtor from the following categories of property:

(i) household goods and wearing apparel reasonably necessary for one household;
(ii) books and musical instruments, if reasonably held for the personal use of the debtor or a dependent of the debtor; and
(iii) family portraits and heirlooms of particular sentimental value to the debtor; and
(B) not to exceed an aggregate value of $2,800 of the debtor’s implements, professional books, and tools of the trade.
(b) Except as provided in Alaska Stat. § 09.38.070 limiting the enforcement of certain security interests, this chapter does not affect any statutory lien or security interest in exempt property.
(c) A creditor having a claim enforceable under (a) of this section against exempt property, before, at the time of, or a reasonable time after making a levy on property of an individual, shall serve on the individual a notice of the levy and of the basis for the creditor’s right to make a levy on exempt property.
(d)[Repealed, Sec. 40 ch 92 SLA 2001].
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