ALASKA COURT RULES

the case file. It must not be served on the delinquent minor or parent or disclosed to anyone other than court personnel for purposes of collecting restitution. statement. Cross References (d) Hearing Regarding Payment Schedule. A minor or a minor’s parent, if applicable, who is unable to pay restitution because of financial circumstances may request a hearing to ask the court to modify the restitution payment schedule. If the court holds a hearing and the minor or the minor’s parent, if applicable, proves by a preponderance of the evidence that the minor or, if applicable, the minor’s parent is unable through good faith efforts to satisfy the payment schedule in the judg- ment for restitution, the court may modify the payment schedule. (e) Execution. Civil execution to enforce the judgment may issue if restitution is ordered to be paid by a specified date and the minor or the minor’s parent, if applicable, fails to make full payment by that date. If restitution is ordered to be paid in specified installments and the minor or the minor’s parent, if applicable, fails to make one or more installment pay- ments, civil execution to collect the entire remaining balance may issue. The automatic stay on enforcement provided in Civil Rule 62(a) does not apply to the enforcement of restitution judgments. The civil judgment for restitution remains enforceable after the expiration of the court’s jurisdic- tion over the minor, as provided in AS 47.12.170(a). (f) Victim’s Options for Collection. The collections unit established within the court system will execute on the minor’s permanent fund dividend or on the minor’s parent’s, if applicable, as needed to collect the restitution judgment. A victim who wants to pursue collection more broadly under Civil Rule 69, including the use of general writs of execution or writs of execution for garnishment of earnings, may elect to proceed without the collections unit’s assistance. Notice of this election shall be provided on a form designated by the administrative director. (g) Priority of Payments. Where the allocation and application of payments received from or on behalf of a delinquent minor or a minor’s parents is uncertain, the court shall apply the priority provisions of Criminal Rule 32.6(g). (h) Financial Statement. (1) As provided in AS 47.12.120(b)(4)(C), at the request of the department, the victims’ advocate, or on its own motion, the court shall, at any time, order the minor and the minor’s parent, if applicable, to submit financial information on a form approved by the administrative director to the court and the department for the purpose of establishing the amount of restitution or enforcing an order of restitution. (2) If the minor or the minor’s parent, if applicable, fails to submit a completed financial statement as ordered, the minor’s probation officer, or a representative of the department may notify the court by affidavit. Upon receipt of an affidavit under this paragraph, the court shall schedule a hearing for the minor or the minor’s parent, if applicable, to show cause why the minor or the minor’s parent should not be held in contempt for failure to comply with the order to submit the financial CROSS REFERENCE: AS 47.12.120 -.170. (SCO 1751 effective October 14, 2011; amended by SCO 1907 effective April 5, 2017) Information for victims about collecting on Note: judgments for restitution is provided on the court system’s website at: www.courts.alaska.gov/trialcourts/restitution.htm.