Alaska Court System, CIV-720 Eviction Booklet

Citation: Alaska Court System, CIV-720 Eviction Booklet
Jurisdiction: Alaska (state)
Source: Official source
Original Source: https://public.courts.alaska.gov/web/forms/docs/civ-720.pdf ↗

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1. Default Judgments.
If you think a default judgment should not have been entered against you, you
can file with the court a request to set aside default judgment. You can use
Motion, Affidavit, & Order to Set Aside Default & Accept Late Filed Answer
(form CIV-858). Your request must be filed within a reasonable time after the
default judgment was entered against you. Civil Rules 55(e) and 60(b). Make
sure to serve a copy of your request on the other side in the case and fill out
the certificate of service section.
In your request to set aside default judgment, you must usually show two
things:
a. you have facts and evidence to show that you could win the case if
there were a trial; and
b. you have a good reason why you failed to appear at trial or answer the
complaint.
The other side gets a chance to respond in writing to your request. The court
will review both statements and notify you in writing of its decision.
Filing a request to set aside a default judgment does not automatically stop the
judgment creditor from getting a Writ of Execution (this writ allows the
creditor to do seize your money or property to pay the judgment). If you want
to keep the creditor from having a Writ of Execution against you, you must
(1) file a motion requesting a stay of execution, and
(2) file a bond or make a cash deposit with the court in the amount of the
judgment, plus interest. Contact the court for more information if you
want to post a bond.