Form CIV-481 "Answer and 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 October 1, 2019;
  • 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 and Counterclaim to Complaint to Collect a Debt" - Alaska

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IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA
AT
(City or town where the court is located)
)
)
Plaintiff,
)
v.
)
)
)
Case No.
Defendant.
)
)
ANSWER & COUNTERCLAIM
TO COMPLAINT TO COLLECT A DEBT
Complaint
I,
, respond to Plaintiff’s
, and state the following:
I was sued in Small Claims Court and I want to move the case to District Court. This is my
written request to use the formal rules. (Only check this if you were sued in Small Claims Court
and want to use the formal rules for civil procedure and evidence.)
I request the court change the place of trial to
, Alaska because:
(Only check this if you want to change the place of trial. You must also file a motion to change the
trial location for the court to consider this request. You can find more information about filing a
motion 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 (10/19)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA
AT
(City or town where the court is located)
)
)
Plaintiff,
)
v.
)
)
)
Case No.
Defendant.
)
)
ANSWER & COUNTERCLAIM
TO COMPLAINT TO COLLECT A DEBT
Complaint
I,
, respond to Plaintiff’s
, and state the following:
I was sued in Small Claims Court and I want to move the case to District Court. This is my
written request to use the formal rules. (Only check this if you were sued in Small Claims Court
and want to use the formal rules for civil procedure and evidence.)
I request the court change the place of trial to
, Alaska because:
(Only check this if you want to change the place of trial. You must also file a motion to change the
trial location for the court to consider this request. You can find more information about filing a
motion 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 (10/19)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
B. DEFENSES
[Defenses are reasons you should win the case instead of the Plaintiff. You need to state 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 claimed in the
Complaint.]
. (Go to Section C.)
I have no defenses
I have the defense(s) listed below:
(
Check below all defenses that you believe apply and attach copies of any documents you have that
support the defenses you raise
)
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.
Someone stole my identification and made this debt.
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 have paid all of it.
I owed the debt, but have 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. (For example, someone else made charges on
your credit card.)
3.
I did not enter any agreement or contract with the Plaintiff, and I do not believe the
Plaintiff can show he or she owns the debt. (This might happen if you had a contract
or agreement with someone else, like a credit card company, and the Plaintiff says he
or she bought the debt and can sue you for the money you owe the other person or
company.)
4.
This debt is too old. More than 3 years have passed since either the defendant 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.
This debt
was discharged already
is being discharged in a bankruptcy case.
Date case filed:
. Bankruptcy case #:
.
Page 2 of 7
CIV-481 (10/19)(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 (Alaska Statute 45.29.601-.628) 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.
8.
The debt relates to 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 it was going to start this case and
that I had at least 15 days to respond before suing. (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.
I bounced a check to the Plaintiff, but the Plaintiff cannot sue me because
the Plaintiff did not send me written notice at least 15 days before filing this case
stating I could avoid court by paying the Plaintiff the amount of the check plus $30.
(Alaska Statute 09.68.115) (This rule does NOT apply to a payday loan.)
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. You may request another stay in 90 days if you are still unavailable.)
S
.
12.
Other:
)
tate any other reasons why the court should not grant the Plaintiff’s request
(
More pages are attached.
Page 3 of 7
CIV-481 (10/19)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
C. COUNTERCLAIM
[List any legal claims you have against the Plaintiff. 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. Attach copies of documents that
help prove your case.]
(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 the counterclaims you raise.
)
1.
Breach of Contract: The Plaintiff and I had an agreement or contract, and the Plaintiff
owes me something under the agreement.
Explain the agreement, how Plaintiff broke it,
(
.
and what 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
(15 U.S.C. §§ 1692-1692p) and caused me damages.
Check a box under
(
.
“a.” and “b.” below)
a. Violation:
Check the box that describes what the Plaintiff did that caused you harm. Some
(
claims only apply if the Plaintiff is a debt collector, who collects debts for other people or
companies as their main business.)
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 or the Plaintiff would believe I owed
the debt.
That I had 30 days to respond in writing and ask for 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 (if the
letter came from someone who bought the debt).
Page 4 of 7
CIV-481 (10/19)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
The Plaintiff is a debt collector who harassed or threatened me in the following
,
way: (Describe what the Plaintiff did; see examples in the SHC FAQs
)
More pages are attached.
The Plaintiff says it bought my debt but does not have admissible evidence to
prove it owns my debt. 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 it 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 Plaintiff gave me a payday loan and sued me but did not:
Offer me a payment plan to repay this debt with only a $30 fee.
Send me a certified letter telling me it was going to start this case and giving
me at least 15 days to respond before suing.
b. Damages:
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: (Alaska Statute 45.50.531)
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 (10/19)(cs)
ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT
Page of 7