Form CIV-481 "Answer & Counterclaim to Complaint to Collect a Debt" - Alaska

What Is Form CIV-481?

This is a legal form that was released by the Alaska Court System - a government authority operating within Alaska. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on April 1, 2021;
  • The latest edition provided by the Alaska Court System;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form CIV-481 by clicking the link below or browse more documents and templates provided by the Alaska Court System.

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Download Form CIV-481 "Answer & Counterclaim to Complaint to Collect a Debt" - Alaska

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Page background image
Name:
Email:*
Phone:
Mailing Address:
*
I agree to get documents by email instead of mail, check my email regularly, and tell the
court and other participants of email changes.
[Fill in the court location, name, and case number the way they were listed on the Complaint.]
IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA
AT
(Plaintiff)
(Defendant)
CASE NO:
ANSWER & COUNTERCLAIM
TO COMPLAINT TO COLLECT A DEBT
Complaint
I,
, respond to Plaintiff’s
, and state the following:
(your name)
I was sued in Small Claims Court and I want to move the case to District Court. This is my
[Only check this if you were sued in Small Claims
written request to use the formal rules.
Court and want to move to District Court and use formal rules. Read about the differences
between courts at http://courts.alaska.gov/shc/debt/start-case.htm#consider.]
I request the court change the place of trial to
, Alaska because:
[Only check this if you want to change the place of trial. The court will only consider your
request if you also file a written motion with the title “Motion to Change Venue.” Read
about filing motions at http://courts.alaska.gov/shc/debt/motions.htm.]
A. ANSWER
Complaint
I agree with all of the statements in the
.
Complaint
I agree with all of the statements in the following paragraph number(s) of the
:
I am not sure if I agree or disagree with the statements in the following paragraph
Complaint
number(s) of the
:
I disagree with all or part of the statements in the following paragraph number(s) of the
Complaint
[If you disagree with only part of a statement in a paragraph, explain which part
:
you disagree with.]
More pages are attached.
Page 1 of 7
CIV-481 (4/21)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
Name:
Email:*
Phone:
Mailing Address:
*
I agree to get documents by email instead of mail, check my email regularly, and tell the
court and other participants of email changes.
[Fill in the court location, name, and case number the way they were listed on the Complaint.]
IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA
AT
(Plaintiff)
(Defendant)
CASE NO:
ANSWER & COUNTERCLAIM
TO COMPLAINT TO COLLECT A DEBT
Complaint
I,
, respond to Plaintiff’s
, and state the following:
(your name)
I was sued in Small Claims Court and I want to move the case to District Court. This is my
[Only check this if you were sued in Small Claims
written request to use the formal rules.
Court and want to move to District Court and use formal rules. Read about the differences
between courts at http://courts.alaska.gov/shc/debt/start-case.htm#consider.]
I request the court change the place of trial to
, Alaska because:
[Only check this if you want to change the place of trial. The court will only consider your
request if you also file a written motion with the title “Motion to Change Venue.” Read
about filing motions at http://courts.alaska.gov/shc/debt/motions.htm.]
A. ANSWER
Complaint
I agree with all of the statements in the
.
Complaint
I agree with all of the statements in the following paragraph number(s) of the
:
I am not sure if I agree or disagree with the statements in the following paragraph
Complaint
number(s) of the
:
I disagree with all or part of the statements in the following paragraph number(s) of the
Complaint
[If you disagree with only part of a statement in a paragraph, explain which part
:
you disagree with.]
More pages are attached.
Page 1 of 7
CIV-481 (4/21)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
B. DEFENSES
[Defenses are reasons you should win the case instead of the Plaintiff. Mark all defenses that
you think apply to your case. If you can prove the defense at trial, you may be able to prove
you do not owe the Plaintiff anything or that you owe less than asked for in the Complaint.
Read about defenses at http://www.courts.alaska.gov/shc/debt/answer.htm#defenses]
. [Go to Section C.]
I have no defenses
[Check below all defenses that you believe apply, and
I have the defense(s) listed below:
attach copies of any documents you have that support your defenses.]
Complaint
1.
I did not enter an agreement or contract for the debt described in the
because:
The Plaintiff made a mistake about the name of the person who made the contract.
(This might happen if you have a common name and you think the Plaintiff has
confused you with someone who has the same name.)
Someone stole my identification and made this debt.
Other:
2.
I disagree with the amount the Plaintiff says that I owe because:
I owed the debt, but the creditor (person who is owed money) told me I did not
owe anything else under our agreement.
I owed the debt, but the creditor (person who is owed money) and I worked out a
new agreement to settle the debt and I followed it.
I owed the debt, but paid all of it.
I owed the debt, but paid part of it. I paid $
and owe $
.
I have a contract or agreement with the Plaintiff, but the Plaintiff’s math is wrong
about how much I owe. I owe $__________________.
I have a contract or agreement with the Plaintiff, but someone else made the
charge/debt without my permission. (This might happen if someone else made
charges on your credit card.)
Other:
3.
I did not enter any agreement or contract with the Plaintiff, and I do not believe the
Plaintiff can show they own the debt. (This might happen if you had a contract or
agreement with someone else, like a credit card company, and the Plaintiff says they
bought your debt, but you are not sure they have evidence to prove they bought it.)
4.
This debt is too old. More than 3 years have passed since I made a payment or was
supposed to make the first payment. This is too long under Alaska’s statute of
limitations law for contracts. (If you are being sued for a debt that is not based on a
contract between you and the other person, there may be a different time limit.)
(Alaska Statute 09.10.053)
5.
I or someone else was already sued for this debt.
Date case filed:
. Case number:
.
6.
I have a bankruptcy case and this debt
was discharged already.
is being discharged.
Date case filed:
. Bankruptcy case number:
.
Page 2 of 7
CIV-481 (4/21)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
7.
I used collateral to get this loan, and the Plaintiff took my collateral but did not follow
the rules for selling it because:
I was not given appropriate notice about the sale of the collateral.
The Plaintiff did not sell my collateral in a fair way.
(Alaska Statute 45.29.601-.628)
8.
The debt is for a payday loan and the Plaintiff did not:
Offer me a payment plan to repay this debt with only a $30 fee.
Send me a certified letter telling me they were going to start this case and
that I had at least 15 days to respond before they would start the case.
(Alaska Statute 06.50.550)
9.
I do not owe the Plaintiff any money because the Plaintiff was supposed to do
something before I had to pay and it did not happen. (This might happen if Plaintiff
was supposed to do a service for you before being paid, like fix something in your
house, but did not do it.) The Plaintiff was supposed to do the following:
More pages are attached.
10.
The Plaintiff says I bounced a check. The Plaintiff cannot sue me because they did not
write me at least 15 days before starting this case to tell me I could avoid court by
paying back what I owed on the check plus $30. (Alaska Statute 09.68.115)
11.
I am a member of the military on active duty or have been released from active duty
within the last 90 days. I am requesting a 90 day stop (stay) to the case. I have
attached the necessary written information.
[Attach letters from you and your commanding officer explaining why your service
makes you unable to go to court and when you will be able to go to court. You may
request another stay in 90 days if you are still unavailable.]
[State any other reasons the court should not order you to pay the Plaintiff.]
12.
Other:
More pages are attached.
Page 3 of 7
CIV-481 (4/21)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
C. COUNTERCLAIM
[A counterclaim is a legal claim you have against the Plaintiff (a reason you could sue them in
a court case). If you have a claim against the Plaintiff from the same facts that the Plaintiff is
talking about in the Complaint and you do not list it here, you might lose your right to sue the
Plaintiff for it later. List any counterclaims you have against the Plaintiff. Read about
counterclaims at http://courts.alaska.gov/shc/debt/answer.htm#counterclaim]
[Go to Section D.]
I have no counterclaim.
I have the counterclaim(s) listed below:
[Check below all counterclaims that you believe apply, and attach copies of any documents
you have that support your counterclaims.]
1.
Breach of Contract: The Plaintiff and I had an agreement or contract and the Plaintiff
[Explain the agreement, how the Plaintiff
owes me something under the agreement.
broke it, and what the Plaintiff owes you.]
More pages are attached.
2.
Consumer Protection Violation: I request that the court order the Plaintiff to pay me
Alaska Unfair Trade Practices and Consumer
because the Plaintiff violated the
Protection Act
Federal Fair Debt Collection
(Alaska Statute 45.50.471-.561) or the
Practices Act
[Check at least one
(15 U.S.C. §§ 1692-1692p) and caused me damages.
box under both “a.” and “b.” below.]
[Check the box that describes what the Plaintiff did that caused you harm.
a. Violation:
Some claims only apply if the Plaintiff is a debt collector, who regularly collects debts
for other people or companies.]
The Plaintiff is a debt collector who contacted me about a debt and then did not
send the following information in writing within 5 days:
Amount I owed.
Who I owed.
That I had 30 days to disagree in writing, and if I did not, the Plaintiff would
believe I owed the debt and proceed with the case against me.
That I had 30 days to disagree in writing, and if I did, the Plaintiff would
send written proof that I owed the money.
That I had 30 days to respond in writing and ask for the name and address of
the person or company that I owed the debt to in the first place.
Page 4 of 7
CIV-481 (4/21)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
The Plaintiff is a debt collector who harassed or threatened me in the following
[Describe what the Plaintiff did. Read examples at
way:
http://www.courts.alaska.gov/shc/debt/answer.htm#violate.]
More pages are attached.
The Plaintiff says they bought my debt, but I do not think they have admissible
evidence to prove they bought it. Filing a debt collection lawsuit without
admissible evidence is an unfair or deceptive practice.
The Plaintiff says I bounced a check. The Plaintiff cannot sue me because they
did not write me at least 15 days before starting this case to tell me I could avoid
court by paying back what I owed on the check plus $30.
The debt is for a payday loan and the Plaintiff did not:
Offer me a payment plan to repay this debt with only a $30 fee.
Send me a certified letter telling me they were going to start this case and
that I had at least 15 days to respond before suing.
b. Damages (Alaska Statute 45.50.531)
I had the following costs:
I paid a lawyer for advice.
I had costs in this case to prepare, print and mail documents, like this
Answer
.
I missed work for court or some other reason related to what the Plaintiff did.
I lost property:
Other:
More pages are attached.
Therefore, the Court should:
Order the Plaintiff to pay me $500.
Order the Plaintiff to pay me 3 times the money the Plaintiff cost me. It cost
me: $
. Three times that amount is: $
.
Other:
More pages are attached.
Page 5 of 7
CIV-481 (4/21)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
Page of 7