The business debt settlement companies Alaska that you should hire for MCA debt are aware of the Alaska rules for registering foreign judgments, watch the Alaska courts, and know Alaska exemption statutes.
What happens when an out-of-state funder tries to collect in Alaska?
The funder is likely in New York or New Jersey, and the forum selection clauses in the MCA contract let it sue there and then file a copy of that judgment with the court clerk in Alaska under the Uniform Enforcement of Foreign Judgments Act, AS 09.30.200 thru 09.30.270.
The clerk mails you notice, and the funder cannot execute for 20 days from the date of filing. Filing is cheap ($150 in the District Court or $250 in the Superior Court under Administrative Rule 9, plus $25 for the writ of execution), so be wary of settlement companies who say collecting in Alaska is expensive for the funder.
Under AS 22.15.030, the District Court has jurisdiction over foreign judgments of up to $100,000 per defendant, so a $60,000 judgment against you as the only guarantor could be filed there. A motion to reopen or vacate it goes under Alaska Civil Rule of Procedure 60(b), and one based on mistake, excusable neglect, or fraud must be filed within one year.
How should a settlement company use the 20-day window?
One of the best times to settle your MCA debt is within 20 days of the filing of the foreign judgment, because the funder cannot levy on your bank accounts, place liens on your property, or hold you for an examination during that time. After that, the funder can record the judgment in any Alaska recording district, making it a lien on your non-exempt real property there for up to 10 years (AS 09.30.010), and seek an examination under Alaska Civil Rule of Procedure 69. Alaska also allows a Confession of Judgment under AS 09.30.050, and you can read about how out-of-state funders use confessions of judgment.
Ask potential business debt settlement companies Alaska the following questions:
- How will you learn that a foreign judgment has been filed in Alaska?
- Who will you retain to file a motion under Rule 60(b) or to seek a stay of the judgment?
- What are the current Alaska exemption amounts pursuant to 8 AAC 95.030?
- Will you structure your settlement offers around the Permanent Fund Dividend levies that begin on April 1st?
What do Alaska's exemptions protect for a personal guarantor?
AS 09.38 sets base amounts, which regulations adjust for inflation. As of September 28, 2026:
| Type of Exempt Property and Statute | Base Amount Set in Statute | Current Exemption Amount |
|---|
| Homestead, AS 09.38.010 | $54,000 | $72,900 |
| Household goods, apparel, and other items | $3,000 | $4,050 |
| Tools of the trade | $2,800 | $3,780 |
| One vehicle with a value of up to $27,000 | $3,000 | $4,050 |
| Net earnings per week | $350 | $473 |
| Monthly liquid assets, non-wage earners | $1,400 | $1,890 ($2,970 sole supporter) |
The amounts can change on October 1st of even numbered years, so check the regulation. The homestead exemption is per living unit and is shared by all of the owners. With $150,000 of equity in an Anchorage house, $77,100 could be sold on execution, but the sale has to be confirmed by the court and you have 60 days to buy your house back.
If you are self-employed, the liquid assets amount above is what protects your bank account, and it includes your deposits and receivables. Funds in an LLC bank account are not exempt, because they are not your property. Retirement funds and IRAs are exempt (except contributions made within 120 days before a bankruptcy filing), and so are liquor licenses, which matters for a bar or lodge.
Can the MCA funder take your Permanent Fund Dividend?
They can take 80% of it. Under AS 43.23.140 only 20% of your dividend is exempt. The writ goes to the commissioner of Revenue before the dividend is paid, and no levy on a year's dividend is accepted before April 1st of that year. A non-signing spouse's dividend is safe.
Is your spouse's share safe if only you signed the guarantee?
Partly, and a little less than owners in other states expect. Alaska is not a community property state unless you opt-in by a community property agreement or trust. Titling your home as tenants by the entirety will not protect it from a creditor of only one spouse, because under AS 09.38.100(a) that creditor may levy on the debtor spouse's interest and seek a partition. If the spouses opt-in, under AS 34.77.070(j) a one-spouse debt reaches only that spouse's separate property and interest in community property.
Can I sue the MCA provider under Alaska's usury laws?
Probably not. The legal interest rate under AS 45.45.010 is 10.5%, but the usury laws do not apply to any contract over $25,000, most MCAs are over that amount, and most are subject to New York law. For what a settlement provider should charge your business, see our article on business debt settlement costs.
Frequently Asked Questions
Did I waive my Alaska exemptions when I signed the MCA contract?
No. Under Alaska Statute 09.38.105, a waiver of exemptions executed before levy is not enforceable in favor of an unsecured creditor, so the waiver provision in MCA contracts will not be enforced by an Alaska court. The funder can still obtain a security interest in your exempt property if the statutes are met.
If the MCA provider gets a judgment in New York, can they levy on my Alaska bank account without telling me?
No. The provider must file an affidavit stating your last known post office address, the clerk sends you notice of the filing, and no writ of execution can issue for 20 days. When the funder levies on your bank account, it must serve you with a notice listing the non-exempt property prior to, at the time of, or within 3 days after the levy, and you can request a hearing on what is exempt.
Which Alaska court will an out-of-state MCA judgment be filed in?
Judgments of $100,000 or less per defendant can be filed in the District Court under AS 22.15.030, and larger ones go to the Superior Court. Alaska has no County courts, so a provider mentioning one does not know the system.
Should my spouse and I sign a Community Property agreement?
It will not help you with the debts you already have. Under AS 34.77.070(f) a creditor's rights stay unchanged for any obligation incurred before the agreement took effect, and moving assets after a default may draw a fraudulent transfer claim. Consult an Alaska lawyer before entering into one.