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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 38. Alaska Exemptions Act
- Section 65. Claims Enforceable Against Exempt Property.
previous: Section 60
. Tracing Exempt Property.
next: Section 70
. Limitation On Enforcement of Certain Security Interests in Exempt Goods.
AS 09.38.065. Claims Enforceable Against Exempt Property.
- (a) [See delayed amendment note]. Notwithstanding other provisions of this chapter,
- (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 AS 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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