Alaska Small Claims Default Judgment: What to Do When They Don't Respond

When You Can Request a Default

After you serve the defendant, they have 20 calendar days to file an answer using Form SC-3. If that deadline passes with no response, the court doesn't automatically rule in your favor — you have to ask for it.

File Form SC-8 (Default Affidavit and Request for Judgment) with the court. This form asks the judge to enter a default judgment because the defendant failed to respond within the legal time frame.

The 20-day window starts on the date service was actually received — the date the defendant signed for the certified mail, or the date the process server handed over the papers. Not the date you mailed them.

For defendants served outside the United States, the response window extends to 40 calendar days.

What You Need for Form SC-8

The default judgment request requires:

1. Proof of valid service — your filed Form SC-4 with the attached certified mail receipt or process server's return
2. Confirmation the 20-day window has expired — count the days from the service date
3. Military status verification — you must check the U.S. Department of Defense SCRA (Servicemembers Civil Relief Act) database to confirm whether the defendant is on active military duty, and submit an affidavit stating the results

The military check isn't optional. The Servicemembers Civil Relief Act protects active duty service members from default judgments. If the defendant is on active duty, the court cannot enter a default without appointing military legal counsel and providing additional safeguards.

What the Court Enters

If everything checks out, the court issues Form SC-13 (Default Judgment for Plaintiff). The judgment includes:

• The principal amount you claimed (up to $10,000)
• Pre-judgment interest at the 2026 statutory rate of 6.75%
• Your filing fee and service costs
• Attorney fees up to $1,000 if you hired a lawyer

The defendant doesn't get a hearing — that's the consequence of not responding. But the judgment isn't necessarily the end. The defendant can file Form SC-24 (Request to Set Aside Default) within a reasonable time and show a ground such as excusable neglect, mistake, fraud, or lack of notice.

Setting Aside a Default

A set-aside motion under Form SC-24 is governed by Civil Rule 60, incorporated through Small Claims Rule 19. The defendant must file within a reasonable time and demonstrate:

• Excusable neglect — a genuine reason they missed the deadline (hospitalization, never actually received the papers)
• Other possible grounds — mistake, fraud, or lack of notice

If the judge grants the set-aside, the case goes back to the normal track — the defendant files their answer, and a hearing is scheduled. If the judge denies it, the default judgment stands.

Collecting After a Default Judgment

A default judgment is a court order establishing a legal debt. It doesn't put money in your hand. If the defendant doesn't pay voluntarily, you'll need to pursue enforcement:

• Wage garnishment (under AS 09.40.085)
• Bank account levy
• Personal property execution

These require additional court filings and fees. The Alaska Small Claims Filing Guide covers the default judgment process in detail, including the SCRA verification steps and what to do if the defendant contests the default.

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