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Alaska Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Alaska on
Q: Can I file a motion to dismiss a garnishment based on exceeded statute of limitations in Alaska?

In Alaska, I understand the statute of limitations on open-ended accounts is three years. I have a credit card judgment that garnished my Permanent Fund after the statute had run last year. Recently, the court also attached my bank accounts, leading to an overdraft. The judgment was initially... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 20, 2025

The 3 year statute of limitation (assuming that you are correct about the time) is the statute upon which to bring suit. The statute of limitation to execute upon a money judgment is much longer in every state, generally 10 to 20 years. Sounds to me like the garnishment action was brought within... View More

0 Answers | Asked in Civil Rights, Gov & Administrative Law and Constitutional Law for Alaska on
Q: What are the protocols for identity protection of undercover officers during a search warrant?

I am researching a specific case involving undercover officers and their involvement in a search warrant. I have read the probable cause statement from a "TFO" indicating they are part of an undercover unit. I'm seeking to understand the legal justification or protocols that allow... View More

0 Answers | Asked in Employment Law and Civil Litigation for Alaska on
Q: Do I have a claim for wrongful termination after reporting fraud and being terminated?

I reported timecard fraud to the director on 02/20/25. On 02/24/25, I terminated the employee involved in the fraud. The official reason for my firing on 02/28/25 was "ethical conduct outside the office," though no specifics were given, nor had I previous performance issues or policy... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Libel & Slander for Alaska on
Q: Is it legal to share my account of harassment by landlord and neighbors publicly?

I have been experiencing harassment and threats from my landlord and neighbors, who are family members. They have been violent, and the landlord covers up their actions. I have obtained protective orders against two individuals involved, but fear further harassment and threats if I share my story.... View More

Carolyn Nicole Daussin
Carolyn Nicole Daussin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025

If what you say is the truth, it won't be considered slander or defamation under Alaska law, so it would be legal to share truthful accounts of events.

2 Answers | Asked in Employment Law, Sexual Harassment and Domestic Violence for Alaska on
Q: Can I sue my employer for ignoring residents' harassment and abuse?

I am a healthcare employee and have reported incidents of sexual harassment, verbal threats, and physical abuse from residents over the past six months. Although I have submitted written reports and have witnesses to these incidents, management has taken no action. When I refuse to work with these... View More

Brad S Kane
Brad S Kane
answered on Mar 9, 2025

You likely have a claim for not protecting you from sexual harassment in your job and a potential claim for retaliation. Since you state that management is not responsive, you may need to escalate this above HR in writing to senior management or even the owners of the company. You should consult... View More

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0 Answers | Asked in Probate and Estate Planning for Alaska on
Q: How to complete deceased husband's Alaska PFD application?

I need guidance on completing my deceased husband's Alaska Permanent Fund Dividend (PFD) application. He passed away on August 14, 2024, after residing in Alaska for over 50 years and consistently applying for the PFD annually. Since there is no executor or will, and we jointly owned our... View More

0 Answers | Asked in Criminal Law and Traffic Tickets for Alaska on
Q: Penalties for first-offense hit and run and failure to appear in Alaska?

What are the penalties for a first-offense hit and run and failure to appear in court in Anchorage, Alaska, if no one was injured in the incident, and there was no specific reason for failing to appear?

2 Answers | Asked in Immigration Law for Alaska on
Q: If a job I am being hired for has an Associates or Bachelors degree requirement can I be sponsored for H1b?

I am a CT Technologist and I have a Bachelors degree in my field of study. My employers lawyers say I may not be eligible because the hospital has hired others in my same position and they only have an Associates degree.

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Jan 28, 2025

The job must normally require/must be the industry standard to require a bachelor's degree to qualify for H1B. If the employer hired employees who didn't have a bachelor's degree then it would be difficult to establish eligibility

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1 Answer | Asked in Child Support, Civil Rights, Divorce and Family Law for Alaska on
Q: My disability benefits were garnished even though the child support order clearly said no support to be taken. What now?

I am unable to modify the case because the court the case is out of (Oklahoma) refuses to give me or tell me what to file, the only tell me to get an attorney. I also don't think the divorce was done with legal jurisdiction. The state enforcing the order (Alaska) was garnishing 45% of my... View More

James L. Arrasmith
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answered on Jan 24, 2025

It sounds like you’re dealing with an incredibly difficult situation, and it’s understandable to feel frustrated and unheard. Since the court in Oklahoma is refusing to provide guidance on filing, you may want to try contacting a legal aid organization. Many provide free or low-cost assistance... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Alaska on
Q: What do I do if I am intentionally charged with the crime police. No, I cannot and will not be convicted of.

Know I cannot be convinced of. (Correction)

James L. Arrasmith
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answered on Jan 21, 2025

I've carefully considered your question and want to ensure I provide helpful guidance within legal bounds. Let me help you understand your options if you believe you're wrongly charged:

Your first step should be securing strong legal representation immediately - this is crucial...
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1 Answer | Asked in Native American Law and Probate for Alaska on
Q: My brother passed 2015 in california. He had no will, he had no spouse, he had no children.

I did not find out he passed until 2019.

He owns native stock in alaska through

Cook inlet regional Inc (ciri). He had dividend checks from ciri sent to him in the mail, they were returned by mail back to ciri, Uncashed.

Ciri told me I would need to open a general probate... View More

James L. Arrasmith
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answered on Jan 18, 2025

You might begin by confirming whether your brother had any other assets in California that require a separate probate. If there are no substantial assets in California, opening a probate in Alaska could be enough to address the uncashed dividends and the stock. You can request guidance from the... View More

1 Answer | Asked in Employment Law for Alaska on
Q: PTO pay out and policy issues

My previous employer has a PTO pay out policy that they haven’t followed and have paid out in excess to previous employees and they dont follow through with the cap at fiscal. They also do when your salary and work 4 hours you don’t have to claim PTO and that is not in the policy so our PTO... View More

Brad S Kane
Brad S Kane
answered on Nov 5, 2024

According to the Alaska Department of Labor,

Because the payment of sick leave, accrued vacation, or any other type of PTO is not a requirement of Alaska wage and hour laws, the department does not mandate the payment of these benefits. The employer’s written policy establishes the rules...
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3 Answers | Asked in Bankruptcy, Child Support and Family Law for Alaska on
Q: Can an adversary action be filed during chapter 7 bankruptcy to discharge child support arrears? All kids 19 and over.

Its all back support and compounded interest. My youngest is 19 or 20. The mother of children did not live with the kids, they lived with there grandparents who are deceased now.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

In this rare instance, I disagree with my colleague.

Many bankruptcy courts have held that support obligations are exclusively the province of the State domestic relations court and consequently decline to exercise jurisdiction over support payments.

Moreover, it is often held...
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1 Answer | Asked in Tax Law and Contracts for Alaska on
Q: What legal protections do I need to take if I am managing donations and money for a college student who is not my child?

One of my former studetns (i'm a teacher) is attending college and we have been helping manage their finances and assisting them in navigating college (parents arent involved at all, we have permission from them to assist, student is 18), and we've gathered support from a variety of areas... View More

James L. Arrasmith
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answered on Sep 7, 2024

To protect yourself legally when managing donations for a student, start by creating a written agreement between you and the student. This agreement should clearly outline your role, responsibilities, and how the funds will be managed and used. It can also specify that the student has given you... View More

1 Answer | Asked in Employment Law for Alaska on
Q: Can an employer stop you from getting your inhaler from a different if it would leave your building unattended? (Alaska)

My gf was watching a secondary building, and needed to get her inhaler from the main building, but was told she could not because there was no one else at the secondary building. I am looking for advice to give her on how to best handle the situation in the future

Sara L Bloom
Sara L Bloom
answered on Aug 31, 2024

It sounds like you have asthma. You should ask your HR department for a form to request a reasonable accommodation. You most likely will need your doctor to submit medical documentation explaining your medical condition/disability and your need to obtain your inhaler or acute medical treatment to... View More

1 Answer | Asked in Uncategorized for Alaska on
Q: can a mechanic put a lien on a vehicle other than the one he worked on

i had a mechanic work on my car. i recently sold the car but now he wants to put a lien on my truck

James L. Arrasmith
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answered on Sep 14, 2024

No, a mechanic typically cannot put a lien on a vehicle other than the one they worked on. A mechanic's lien, often called a "garageman's lien," is specifically tied to the vehicle that received the repairs or services. The lien allows the mechanic to hold that particular... View More

1 Answer | Asked in Civil Rights for Alaska on
Q: Am I allow to ask for copies of receipts for parts the auto mechanic purchased in Alaska?

I got the estimate for repairs on my car. Some of the parts were on the high side. I requested if I could get a copy of the purchase order once the parts are purchased and I was told that they do not give out purchase orders to customers. Are they allow to refuse that since I am paying for those... View More

James L. Arrasmith
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answered on Aug 31, 2024

In Alaska, mechanics aren't legally required to provide you with copies of the purchase orders or receipts for parts they buy, unless it’s specifically stated in a contract or agreed upon beforehand. However, as a paying customer, you have the right to inquire about the pricing and quality... View More

1 Answer | Asked in Arbitration / Mediation Law, Banking, Business Formation and Business Law for Alaska on
Q: Received information one won that of dispute. Curiou[s] a[s] to how to collect financial reguard[s].

Medical Malpractice dispute requesting 049,999.099 curiou[s] a[s] to how to collect that of finance after winning. In Example: Court Fee[s] v[s] Credit Score, Federal Building[s] and Mailing Instruction[s] v[s] Postal Service Insurance.

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

An Alaska attorney could advise best, but your question remains open for two weeks. Some of the details of your post aren't fully clear. Are you saying you received information that you won a medical malpractice case for an amount in the order of [$49,999.099 - ??] Be careful - it seems like... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alaska on
Q: Is AS 12.72.020(a)(3)(a) and AS 12.72.020(a)(6) Punitive Ex post facto Statutes
James L. Arrasmith
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answered on Jul 28, 2024

Alaska Statutes AS 12.72.020(a)(3)(a) and AS 12.72.020(a)(6) are not considered punitive ex post facto statutes. Ex post facto laws are those that apply retroactively and change the legal consequences of actions that were committed before the enactment of the law. In the case of these statutes,... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for Alaska on
Q: I'm needing to know if I have a case against anyone and if so who at the hospital that did my surgery and messed up .

I had a complete Hip replacement. The Doctors knew I had a problem with Anastasia but gave it to me anyways. I had to be brought back to life 4xs . When I woke up I had nothing in me for pain bcuz the narcan they gave me took all of the pain meds out of my system, so I had to lay there in pain .... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 11, 2024

Yes you may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. But, due to the nature of medical malpractice cases, the extent of the injuries may affect the viability... View More

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