Smith v. Kofstad

OPINION

WINFREE, Justice.

I. INTRODUCTION

Alaska Statute 09.35.0220 provides that a judgment ereditor must obtain court permission to execute on a judgment if more than five years have elapsed after entry and no previous execution has been issued. 1 Per mission will be granted if there are "just and sufficient reasons" for failure to previously execute on the judgment. In this case judgment was issued in 1995, but the judgment creditor did not attempt to execute on it for nearly ten years. He explained the delay by alleging that the judgment debtor, who died in 2001, lacked assets sufficient to…