What are Alaska Small Claims Cases and Class Action Lawsuits?

In Alaska, small claims are legal disputes that typically don’t involve large sums of money; however, the plaintiff pursues them to uphold and assert their legal rights. Per Alaska statutes sec. 22. 15. 040., it is a claim for the recovery of property or money valued at $10,000 or less. The civil division of the district court has legal jurisdiction over small claims cases in Alaska. Under AS 23.05.220, the Department of Labor and Workforce Development may present cases involving payment of wages up to the tune of $20,000 as a small claim in the court.

On the other hand, class actions are legal proceedings where multiple plaintiffs with similar cases sue the same company or entity. The class action seeks to restore parity via a single lawsuit. In some cases, class action lawsuits are a legal attempt to resolve cases pertaining to defective products, security frauds, deceptive advertising, defective drugs, financial crimes, civil rights violations, and environmental hazards. The district court also attends to class actions. Persons who are 18 years or older may file these claims or be part of a class.

Alaska public records can also be accessed through third-party aggregate sites. These websites are a convenient alternative to government-owned resources since they are typically accessible remotely and aggregate records from multiple jurisdictions in one database. To use third-party search engines, inquirers are usually required to provide the following information:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Third-party sites are operated independently of government sources. Thus, record availability, accuracy, and validity may not be guaranteed. 

What Cases Are Heard by Small Claims Courts in Alaska?

The district court generally handles small claims cases such as;

• Breach of Contract: A breach of contract, either whole or in part, is the legal term that describes the violation of a contract. It typically occurs when a party fails to fulfill a part of the bargain in line with the agreements of the deal, thereby causing loss to the other party.
• Property Disputes: Real estate cases such as boundary lines, foreclosure, disputes on the mortgage, zoning, and land use, and property titles are heard in the district court.
• Torts (Injury): Tort lawsuits range from car accident injuries to wrongful death, invasion of privacy, and injuries from assaults.
• Torts (Property): This tort includes entering into someone’s land without proper permission, using items owned by someone else without permission, coveting the property of someone else without permission, and the intent to return it.
• Civil Rights: These cases pertain to the violation of fundamental civil rights such as freedom of speech, freedom of the press, freedom of religion, freedom to vote, and freedom to have a fair court trial.
• Prisoner Petitions: These are legal actions used to ascertain if the law supports a detainee’s imprisonment.
• Forfeiture/Penalty: Forfeiture is the loss of a property without any form of compensation. It is a penalty for illegal conduct or the outcome of disobeying contractual duties.
• Labor: Labor cases generally involve employees who received poor treatment, either through unpaid wages or injuries. These cases are often taken to court to rectify the wrong and provide a haven for other employees.
• Bankruptcy: Bankruptcy cases often begin when a debtor files a petition with the court to declare bankruptcy to seek aid for debts.
• Intellectual Property: Intellectual property litigation involves disagreement concerning artistic works, inventions, discoveries, and other creations of the mind. Specific laws protect intellectual property, and any breach would lead to a court case.
• Social Security: This is any program established by law that ensures an individual with a certain degree of income is provided security due to old age, disability, unemployment, or incapacity.
• Immigration: Immigration cases often begin when an individual receives a notice to appear, as the judge will likely ask if immigration papers contain correct information. The answers provided will determine if deportation is necessary or not.

What is a Class Action Lawsuit in Alaska?

In Alaska, a class action is the consolidation of persons with identical legal claims against one defendant. When there are too many people, the class may choose representatives to file the lawsuit. In successful class actions, monetary awards are typically shared among all plaintiffs. Having weighed the type of litigation, plaintiffs may have to file a claim form to prove entitlement to a percentage of the takings.

How do I File a Claim in an Alaska Small Claims Court?

Following the Alaska small claims handbook, the plaintiff who decides to file a small claim may opt to be represented by an attorney or visit the district court’s small claims division in person.

The appropriate district court is typically located in the county where the defendant (individual or business) is located or, if necessary, in the county nearest to the plaintiff. The plaintiff must provide the court with the defendant’s complete and accurate address. Once the filing is submitted, the court clerk will issue a case number, which must be used for all future communication with the court.

A statutory filing fee of $50 applies if the dispute is $2,500 or less and $100 if it exceeds $2,500. If the plaintiff cannot afford the fee, they may submit an affidavit of substantial hardship to request a delayed payment. Any individual or corporation may file a claim in Alaska, provided the appropriate court has jurisdiction, and the claim does not exceed approved monetary limits.

Do I Need a Small Claims Lawyer?

A small claims lawyer may have a minor impression on the case and usually serves as representation to the plaintiff, especially when the legal action is not complicated. However, it may be necessary to employ an attorney for complex cases. Notwithstanding, the procedure for filing small claims in the district court is simplified for people without a legal education. Although there are various advantages to seeking legal help from a lawyer, petitioners may not necessarily need lawyers to file small claim lawsuits.

How do Class Action Lawsuits Work in Alaska?

The district court hears class action cases, and the class may employ attorneys as representatives.  In the order of importance, below are generally the steps for processing a class action lawsuit:

• Ascertain if the class action lawsuit can be filed
• File the lawsuit
• Certify the class
• Investigate the defendant
• Resolve claims through settlement or trial
• Notify class members

Class action lawsuits can vary significantly, making it nearly impossible to predict an exact timeline. In general, many are resolved or proceed to trial within nine months to a year, while others can extend beyond two years.

Is a Class Action Better Than a Single Party Suit?

Class action lawsuits typically cater to many plaintiffs, unlike single-party suits, which may involve only one plaintiff. In some cases, a class action is a viable option considering the advantage the claims pose. When considering settlement outcomes, single-plaintiff lawsuits are generally more likely to reach a resolution than class actions. Overall, single-party suits tend to be more successful than class-action claims.