Prejudgment Attachment

At any time after an action has been commenced the plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment that may be recovered in the following cases: in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy a judgment that may be recovered by the plaintiff; in an action upon an express or implied contract against a defendant not residing in the state. (AS 09.40.010) See Alaska Civil Rule 89 for attachment procedures.

A motion for prejudgment attachment filed with the complaint or shortly thereafter can be an effective strategy for a creditor in Alaska’s trial courts. It is an opportunity to educate the judge as to the underlying claims brought in the complaint and can force the debtor and guarantors to make a showing as to whether there is any substance to the defenses they have asserted.