Alaska’s small claims cases are heard by a district court judge or a magistrate judge, and the claim can be up to $10,000, not counting costs, interest and attorney fees [1]. Filing costs $50 or $100 depending on the amount [2], there’s no jury [3], and either side can appeal to the superior court within 30 days [3].
At a glance
- Small claims limit
- $10,000, not counting costs, interest and attorney fees [1]
- Filing fee
- $50 for $2,500 or less; $100 above $2,500 [2]
- Time to serve the defendant
- 120 days from filing [3]
- Defendant's time to answer
- 20 days after service (40 if served abroad) [3]
- Appeal deadline
- 30 days from when the judgment is sent or given to you [3]
| Item | Rule |
|---|---|
| Money or personal property claims | $10,000 or less, not counting costs, interest and attorney fees |
| Filing fee, claim of $2,500 or less | $50 |
| Filing fee, claim over $2,500 | $100 |
| Formal district court case, for comparison | $150 filing fee |
| Attorney fees a winner can recover | No more than $1,000 |
| Appeal from small claims to superior court | $100 |
What small claims can and can’t handle
A small claims case is a simplified case to recover money or personal property worth $10,000 or less [4]. If you’re owed more, you can still use small claims, but you give up the right to collect anything above $10,000; interest and court costs can still be added on top [4].
Small claims can’t be used for [4]:
- Evictions, or other cases to get possession of land or buildings.
- Disputes over title to land or buildings.
- Claims against the State of Alaska or the U.S. government.
- Orders requiring someone to do or stop doing something (injunctions).
- Cases to foreclose or enforce liens.
Small claims vs. a formal case
The court system’s comparison chart shows why most people pick small claims for smaller disputes [4]:
- Lawyer: usually not needed, though you can have one [4].
- Rules: about 15 to 20 rules govern small claims, versus more than 80 for formal civil cases [4].
- Evidence: formal rules of evidence don’t apply [4].
- Time to trial: about 4 to 12 weeks after the answer is filed, versus 6 to 10 months [4].
Where to file
Alaska’s small claims venue rule says you file in a place that won’t cause the defendant unnecessary expense or inconvenience, and you choose at least one of these [3]:
- The district court nearest where the defendant lives or works.
- If the defendant injured you or damaged your property, the court nearest where it happened.
- If you’re suing a business, any district court where it does or solicits business.
If the defendant thinks you picked the wrong place, they can ask for a change of place of trial in their answer [3].
How to file
- Get the forms: the Complaint (SC-1), Summons (SC-2) and Answer (SC-3), online or from any court clerk [3].
- Fill them out, then file the Complaint and Summons with the court; you don’t file the Answer form [3].
- Pay the fee: $50 for a claim of $2,500 or less, or $100 for more [2]. If you can’t afford it, ask for a waiver with form TF-920 [3].
Serving the defendant
You have 120 days from filing to serve the defendant, or the case may be dismissed [3]. The two main methods are [3]:
- Certified mail, restricted delivery to the addressee only, with a return receipt. It’s the less expensive option.
- A process server, which costs more but works when someone won’t sign for the mail.
If a magistrate judge is hearing the case, defendants generally can only be served inside Alaska, with exceptions for out-of-state landlords and nonresident drivers in Alaska accidents [3].
If you’re the defendant
You have 20 days from being served to file your Answer, or 40 days if you were served outside the United States [3]. In your Answer you can admit the claim, deny it, ask for a change of place of trial, or make a counterclaim [3]. You can also ask to move the case to formal court rules [3].
The trial
A judge or magistrate judge decides the case; there’s no jury in small claims [3]. Everyone who testifies takes an oath, and both sides can question each other’s witnesses [3]. Unlike in a formal case, the judge can ask questions and even investigate the claim, as long as both parties are present [3].
Bring the documents, photos and witnesses you need, and use them while you explain what happened [3]. If you win, you can recover costs such as the filing fee, service costs and witness fees, and attorney fees capped at $1,000 [3].
After the judgment
The loser can pay the winner directly and get a receipt, or pay the court [3]. Once a judgment is paid, the winner signs a Satisfaction of Judgment (SC-17) [3].
Appeals
Either side can appeal to the superior court by filing a Notice of Appeal (AP-100) within 30 days from the date the judgment is sent or given to you [3]. The fee for an appeal from small claims court is $100 [2].
An appeal isn’t a new trial. The superior court looks only at the recording of the trial, the evidence presented, the court file and legal memoranda [3]. Filing an appeal doesn’t stop the winner from collecting; to do that, the loser has to move for a stay and post a bond or cash deposit for the judgment plus interest [3].
Sources
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What is the small claims limit in Alaska?
$10,000, not counting costs, interest and attorney fees. You can file a bigger claim in small claims, but the Alaska Court System says you give up the right to collect anything over $10,000.
How much does it cost to file small claims in Alaska?
$50 for a claim of $2,500 or less, and $100 for a claim over $2,500, under the court's fee rule. If you can't afford it, you can ask the court to waive the fee.
How long does a defendant have to answer in Alaska small claims?
20 days from being served, or 40 days if served outside the United States. If the defendant doesn't answer, the plaintiff can ask for a default judgment.
Can you appeal a small claims judgment in Alaska?
Yes, to the superior court. File a Notice of Appeal within 30 days from the date the judgment is sent or given to you. The fee for an appeal from small claims court is $100. The superior court reviews the recording and file from the trial and doesn't hear new evidence.