What is the best counterclaim to complete the statement?

A | B | C | D | East | F | Thou | H | I | J | K | L | M | Due north | O | P | Q | R | South | T | U | V | West

A

Affidavit A written argument in which the person states under adjuration that the data is true to the all-time of that person's knowledge. To exist consummate, the document must exist signed in front of someone immune to take the oath, like a Notary Public, who then "notarizes" the affidavit. Making statements yous know are imitation in an affidavit is a crime called perjury. Affirmative Defenses Affirmative defenses are reasons the Defendant states in the Answer that he or she should win the example instead of the Plaintiff. To win the case based on an affirmative defense, the Defendant volition need to endeavor to prove it to the court at a trial. If the affirmative defense force is proven at trial, the Defendant may not owe the Plaintiff anything or may owe the Plaintiff less than claimed in the Complaint. Alaska Unfair Trade Practices and Consumer Protection Act An Alaska law to prevent businesses from using unfair methods for doing business. You can read the law. Alternating Service Commonly when y'all outset a case you are required to serve the accused by a process server or certified mail service/restricted delivery/return receipt. However, sometimes you cannot locate the defendant or the defendant refuses to exist served. In that state of affairs, you may enquire the courtroom for permission to serve the defendant in a dissimilar way, which is called alternating service. Alternative Dispute Resolution (ADR) The common proper name for the unlike ways of settling a disagreement outside the courtroom. ADR includes arbitration, arbitration, mediation-arbitration, early neutral evaluation, and settlement conference. Respond The document the Defendant / debtor files in response to the Plaintiff / creditor's Complaint. It states whether the Accused agrees or disagrees with each upshot raised in the Complaint, and states any affirmative defenses and counterclaims. If the Defendant does not file an Answer within twenty days of receiving the Complaint, the Plaintiff can ask the courtroom to enter a default judgment. Reply to Counterclaim The document the Plaintiff files in response to the Defendant's Answer if it raises any counterclaims against the Plaintiff. The Answer to Counterclaim states whether the Plaintiff agrees or disagrees with each counterclaim raised, and should exist filed within xx days of receiving the Answer. Appeal When a losing party asks a higher court to review a lower court'due south determination. Appeals commonly focus on questions of how the judge applied the law to the case, not what the guess decided were the facts. Arbitration A process in which a neutral third political party called an arbitrator hears arguments, reviews show and makes a decision. This is different from mediation, where the parties, not the mediator, make the decisions.

In that location are 2 kinds of arbitration: bounden and not-binding.

Bounden mediation - parties agree in advance that they will follow the decision of the arbitrator.

Not-binding arbitration - parties agree in accelerate that they will be advised by the arbitrator's determination, only do non have to follow it.

Arbitrator The neutral political party who conducts an arbitration. Asset Property that is owned by a person or business and that has value. Assignee A person who was given someone else's right to collect a debt. Basically, if a company or person has the right to collect a debt from y'all, but they sell it to someone else, the company or person who buys it is the assignee. Consignment When a creditor sells a debt to a person or a company this is chosen an assignment. Basically, the creditor is assigning the right to collect the debt to a third party called an assignee. Attorney Fees The amount a lawyer charges to represent someone in a lawsuit. If you lot lose your example, you may have to pay some or all of the other party'southward attorney fees.

B

Return to elevation Bankruptcy A full general term for a federal court process to assistance people or businesses get rid of their debts by selling most of their assets to pay the debts or by creating a payment programme. You lot can read more than about bankruptcy.

C

Return to top Caption The heading of a legal document that has the names of the parties, the court, the case number, and title of the instance. Case The general proper noun for the matter filed in courtroom. Besides called an activity, crusade, crusade of activity, or lawsuit. Certificate of Service A written, dated and signed statement telling the guess that you gave or sent a copy of a document to the other side. A copy of every document filed in court must be given to every person involved in the example. The certificate of service proves that this happened. Likewise see service. Endmost Statement The argument fabricated by each party (or their lawyer) at the end of a hearing or trial. Typically, this statement highlights the version of the facts that best supports each side of the instance, how these facts were proven during the testimony, how the law applies to the case and why the judge should rule for one side and non the other. The closing statement is not evidence, and the person giving the closing argument may merely refer to what has been admitted as evidence by the judge. Collateral When yous have out a loan, sometimes you take to pledge to give up something of value called collateral to the lender if you do not pay back the loan. If y'all don't pay the loan, the creditor tin take the collateral and sell it to aid pay back the loan. If the collateral is sold for less than the amount owed, you may still owe the rest of the coin. Collection Agency A company that collects debts that are past due. The visitor might exist collecting for a creditor or might have bought the debt from the creditor and be collecting for itself. Confession of Judgment A written document in which a debtor agrees that if they do not pay the debt described in the certificate, the court tin enter a judgment against them which would allow the creditor to collect the coin through the execution procedure. Complaint The document filed by the Plaintiff / creditor to start a case to collect a debt. It states information about the debt and requests the court to order the Accused / debtor to pay for the debt or the court to issue a judgment so the Plaintiff can collect it. Counterclaim A divide legal claim that the Defendant has against the Plaintiff based on either the aforementioned or different facts. If the Accused has a claim against the Plaintiff based on the same facts in the Complaint and doesn't list it in the Reply, the Accused might not exist able to sue the Plaintiff for information technology afterward. Court Costs The cost of a courtroom case other than the chaser fees. For the Plaintiff, the court costs are commonly the cost of filing a Complaint and the cost of serving the Defendant. If the Plaintiff wins, the Defendant may be ordered to pay the Plaintiff back for these costs. Creditor The person or company who is owed money from the debtor. Cross-Examination Request the other party'due south witnesses questions. Cross-examination questions are leading questions that usually accept a "yeah" or "no" respond. Examples are: "Isn't is true that you don't have a copy of the contract that you say we entered?" or "Isn't information technology truthful that y'all saw the Accused writing and mailing checks to Mighty Banking concern credit card?" The other side gets to inquire cross-exam question to your witnesses (and you if y'all testify as a witness). You lot can ask cross-exam questions to the other side's witnesses (and the other party if they testify as a witness).

D

Return to top Debt Money a person owes to someone else. Debt Buyer Companies that purchase quondam debts from original creditors, like banks, credit card companies, and auto loan lenders, or from other debt buyers. Debt Collector A person or business concern who regularly collects debts owed to others or whose main business purpose is to collect debts, usually when those debts are past due. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy one-time debts and then try to collect them. Debtor A person who owes money to someone else. Default Judgment A judgment in favor of the Plaintiff, or creditor, that the court enters against the Defendant, or debtor, when the Defendant has been properly served with the Complaint merely does not file an Answer past the twenty-twenty-four hour period deadline. Defendant The person or company that the Plaintiff sues who allegedly owes a debt to the Plaintiff. Diligent Research When you don't know where the opposing political party is to serve them, the court requires that you endeavor hard to find him or her. The effort you lot make to find the opposing political party is called diligent research. If you lot can't find the opposing party, you may file an affidavit of diligent inquiry and ask the court permission to serve by alternate service. Direct Examination Asking your witnesses questions. Direct examination questions are open-concluded questions that help the witness tell a story. Examples are: "What did you see that twenty-four hour period at the market?" or "What did the other party tell you near my debt?" The answers are chosen straight testimony. Discovery Discovery is the procedure of exchanging data between both sides. Usually, you lot do not file discovery information in the court. It is information for the parties to use as they prepare their cases. The reason for discovery is to prevent surprises at trial and to encourage parties to settle cases based on equally complete information as possible. There are court rules about the different kinds of discovery processes such every bit Initial Disclosures, Interrogatories and a Request for Production. You tin read more well-nigh discovery, or read the court rules in Alaska Civil Rules 26-37 . Dismiss To end a case without whatever further hearings or consideration by the judge. To dismiss without prejudice means the case tin can be brought to court once more. To dismiss with prejudice ways that the case can never be brought to court once more.

E

Render to tiptop Early on Neutral Evaluation A process that provides parties in a dispute with an early on and frank evaluation of the merits of their case by an objective, neutral evaluator. Like mediation, early neutral evaluation is confidential, voluntary, and does not eliminate other dispute resolution options. The evaluator is not a decision-maker. Evidence Information provided to the court by a party during the course of a case to help with the conclusion-making process. This tin can include testimony, documents, and concrete objects. There are special Rules of Prove that control how and what information tin be provided in trials. Execute/Execution of Judgment The courtroom procedure to collect money that is owed on a judgment. The person with the judgment tin collect the corporeality owed by following the court execution process which usually allows the Plaintiff to take coin from the Defendant'southward bank account (called sweeping the depository financial institution account), garnish the Defendant's wages, seize the Defendant's property, or take the Defendant's PFD. Exempt Property Property, including money, that the police force protects from existence taken, in whole or in part, to pay a creditor for a court judgment against a debtor. Exhibit A newspaper, chart, map, or the like used to help bear witness a case. Sometimes these are attached to and referred to in an affidavit, pleading, or motility, merely more frequently these are brought to the hearing or trial. Practiced Witness A person with special noesis, preparation or feel who is allowed to evidence at a trial not just virtually facts (like an ordinary witness) but likewise about professional person conclusions drawn from those facts. You must designate this person on your witness listing. See generally Evidence Rules 701-706 .

F

Render to superlative Fair Debt Collection Practices Human activity A Federal law that makes it illegal for debt collectors to employ abusive, unfair, or deceptive practices when they collect debts. You can read more near the Fair Debt Drove Practices Act or read the Act. File Noun: The consummate court tape of a case.

Verb: "To file" a paper is to give it to the court clerk to add to the case record.

Before you file something, yous brand two copies: one for you lot and 1 for the other person. Then you lot file the original in court. REMEMBER: whenever you file something, you lot must fill out a certificate of service telling the court when you lot sent or hand delivered the copy to the other side.

G

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H

Return to superlative Hearing A court proceeding at which parties, and sometimes witnesses, come to the court to speak. A hearing is different from a trial in a number of ways, including that it is typically shorter and sometimes less formal than a trial.

I

Return to top Initial Disclosures A type of discovery which is a list of evidence and information each party must requite the other without existence asked. The parties exercise not file discovery with the court, but instead exchange information technology between themselves. For Commune Court cases, the listing of what should be exchanged is found in Alaska Ceremonious Rule 26 . Interrogatories A type of discovery where you ask the other political party written questions and they are supposed to provide written responses. Civil Rule 33 discusses Interrogatories. You may use Interrogators to gear up for trial, but you practise not have to.

J

Return to top Judgment The document that the judge signs at the end of a example that states the conclusion. In a debt example, the judgment is the document that says the Plaintiff tin collect the money that the Defendant owes. To get the money, the Plaintiff tin can apply the court process to execute the judgment. Jury A group of people sworn to brand a verdict (decision about the outcome) in a court case based on evidence submitted to them during a trial. Juries usually consist of 6 or 12 individuals, depending on the kind of trial. Debt collection cases in commune court have half dozen-member juries and usually five of the 6 jury members must agree on the verdict. In a debt collection instance, the parties demand to file a separate written request for a jury trial at the very beginning of the case.

L

Render to top Lawyer A person licensed to do law. You may contact the Alaska Bar Clan to find out if a person is licensed in Alaska. Every state has a Bar Association, which can provide a lot of useful information about the lawyers in that state.

M

Return to meridian Mediator The neutral political party who conducts a mediation. Mediation A voluntary and confidential process in which a neutral 3rd-party facilitator (the mediator) helps people hash out difficult issues and negotiate an understanding. Parties in mediation create their own solutions and the mediator does not take any decision-making power over the issue. A mediator may or may not exist a lawyer. Mediation-Arbitration A combination of mediation and arbitration. Parties piece of work to come up up with their own agreements, just requite a neutral third party the authority to brand a decision if arbitration is non successful. Motility The proper noun of the paper you must file to enquire a judge to make a ruling or take some other activeness. A move is the first stride in the 3-pace process called motility do, which is controlled by Ceremonious Rule 77 . Move for Summary Judgment A written request filed by a political party arguing that both parties agree on the facts and those facts hateful someone wins under the law or the other party can't evidence the facts that information technology needs to prove to win under the law. The party who files the motility must attach an affidavit listing the facts that both sides agree virtually, or the facts that the other political party cannot prove, and explicate why the facts hateful that one party should win nether the constabulary. Yous can read more about Summary Judgment Motions. Motility for Judgment on the Pleadings A written request filed past a party arguing that the Complaint and Answer show that the parties agree on the relevant facts and those facts mean ane side should win under the law. The party who files the motion cannot add new facts but must rely on the facts in the Complaint and the Respond. You lot tin read more than virtually Motions for Judgment on the Pleadings. Motion Practice The three-stride process you lot must use to make written requests (motions) to the judge. See Ceremonious Rule 77 for more information.

North

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O

Return to top Offer of Proof Sometimes, earlier y'all call a witness, the judge will want to know why you lot are going to call that person to decide whether the testimony is necessary and relevant. An Offer of Proof is a brusk statement from you telling the judge

• why y'all want a witness to testify;
• what you recollect that witness will say;
• and why this is relevant and necessary to the case.

Opening Statement The introductory statement fabricated each party (or their lawyer) at the start of a hearing or trial. Typically, this statement explains the version of the facts best supporting each side of the example, how these facts will be proven, and how the law applies to the case. This statement is not evidence.

P

Render to superlative Political party/Parties The legal word for the people who are part of a court case and have a correct to ask the court to determine the issues in a specific manner. In most debt cases, the parties are the Plaintiff and the Defendant. Payday Loan Generally, a small loan (ordinarily $500 or less) that will have to be repaid in a very brusk time, with a very high interest rate or cost. They are ofttimes due to exist repaid when the person taking the loan gets their next paycheck. Payday Loan Visitor A business that provides payday loans. Plaintiff The person or company who starts the court instance to collect a debt. Pleadings The formal documents, commonly a Complaint and an Answer, that start a case and describes a party's legal or factual claims almost the instance and what the political party wants from the court. The Plaintiff files the Complaint to start the example and the Defendant files the Respond to reply to the Complaint. . If the Defendant includes a counterclaim in the Answer, the Plaintiff may file an Reply to Counterclaim. Process Server A specially licensed person who is authorized to serve certain types of legal documents. While fees vary, information technology generally costs upwardly to $65 plus mileage and fourth dimension. Procedure servers can serve legal documents just about anywhere, not just at someone's habitation. If they have a good concrete description, a process server may hang-out at the airport or even a bar waiting for someone to show-up. Cheque the statewide list of authorized procedure servers to observe a process server.

Q

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R

Return to acme Rebuttal Witness A witness who testifies after both sides take presented their witnesses, who is not on the witness listing, but whose testimony is needed suddenly to rebut or explain something unexpected that another witness said. Rebuttal witnesses are just for testimony or bear witness that was a surprise at trial. If the rebuttal witness is coming to testify about something new, or something a political party should have brought up with the regular witnesses, the judge may decide that party cannot have the rebuttal witness testify. Re-Direct Examination After the other side questions you or your witnesses on cross-examination, you have a plough to let the witness explicate to the court how the cross-examination testimony might take been misleading and what more in that location is to the story. This is your opportunity to "gear up" the cantankerous-examination and requite your witness the adventure to explain. Request for Production A blazon of discovery where y'all provide the other party with a written asking request for copies of documents or other items. Yous may apply this option to fix for trial, only you practise not have to. Alaska Civil Rule 34 discusses Requests for Production of documents and information. Rules of Evidence The Alaska Supreme Court has adopted rules that gear up out what evidence the estimate tin admit and consider in a case. The rules discuss whether, when, how and for what purpose you lot can present information or proof to support a legal argument in a court case. Their purpose is to become the most reliable, relevant and authentic evidence to the gauge. Evidence must be based on get-go-hand knowledge of the person presenting it, with very limited exceptions. This means you have to accept seen something with your own eyes or heard it directly yourself before you lot are immune to speak about it in court. The Rules provide for cross-exam of anyone whose written or spoken words are beingness considered equally evidence. Understanding the Rules of Evidence tin can be very complicated. It is helpful to discuss with a lawyer what prove to use and how to admit evidence. Read the Rules of Evidence or lookout a video: The Rules of Evidence

S

Return to top Sanctions A penalization by the court to encourage a party to follow the law. Sanctions are usually designed to fit the circumstances and can be in the form of a money fine or not allowing a party to phone call certain witnesses. Serve/Service Providing the other side in a example with a copy of everything you file with the court. Both parties are required to do this and so anybody knows what the other side gave to the gauge. This requirement is a thing of fairness and so everyone in the case has the same information provided to the court. Every document the courtroom bug must be provided to all parties in the example. You tell the judge how and when you "served" the other side by filling out the "Document of Service" at the lesser of each document you file with the courtroom. Settlement Agreement A resolution or decision about the example that both parties agree to, sometimes with the help of alternative-dispute resolution, that ends all or part of the case. Settlement Conference A meeting with a guess earlier trial to explore means to settle the issues in a case. The meeting includes you lot, the other party, and your lawyers (if you accept them). The approximate may or may not be the same guess y'all will take if you get to trial. The judge's office is to try assist you reach an agreement, not to be a decision-maker. Settlement Judge A retired or electric current judge who works as a neutral third-political party facilitator, rather than as a decision maker, to help the parties work out a settlement agreement betwixt themselves. Stay When a case is paused for a menses of time, it is chosen a "stay." When the court pauses the case, it is "staying" the case. Nothing can happen in the case during a stay. Stay of Execution A court order that stops a party from beingness able to execute a judgment. A stay of execution is unremarkably temporary. Stipulation A point or condition agreed upon by the parties. Summons The document the courtroom gives the Plaintiff when the Plaintiff starts a debt collection case. The Summons states the courtroom accost; tells the Defendant to file a response to the Complaint, called an Answer, inside 20 days; lists the Plaintiff or Plaintiff's lawyer's name and address; and gives the name of the judge assigned to the instance. The Plaintiff is required to give the Summons to the Defendant with the Complaint. Different cities take unlike summons forms: Summons, CIV-100 [Make full-in PDF] Anchorage | Fairbanks | Kenai | Palmer | All Other Locations. Make full in the superlative half of the form and the clerk volition fill out the case number and the lower one-half when you file your case.

T

Return to top Testify To make a statement in court under oath; what is said is chosen testimony and is evidence. Testimony What a person says in the courtroom under oath, afterward being sworn-in; testimony is prove. Trial The formal court proceeding when each side presents their arguments about what the court should lodge and their supporting evidence. When the trial is over, the judge issues a final judgment and the instance is done. For a debt collection instance, the trial will be heard past the guess, unless either party files a written request for a trial before a jury.

U

Return to meridian Under Oath Having sworn or promised to tell the truth. All people must swear or affirm to tell the truth if they want their statement or testimony to be considered as evidence. All written statements must be submitted every bit affidavits to be considered past the courtroom as evidence.

V

Render to top Verdict Decision fabricated past a jury on a disputed effect in a trial. In a ceremonious trial for a debt drove case, the verdict would be "for the plaintiff" or "for the accused" and can include a specific award of money.

W

Return to tiptop Witness A person called by a party to speak in courtroom, under oath, almost what he or she knows or has observed that is relevant to the case. Witness List The list of people you intend to call during your trial or hearing. The judge will tell you when the witness listing is due. You must designate who volition be chosen as an expert witness. If yous do non file your witness list, the courtroom may sanction y'all by not allowing you to call your witnesses. There is a unproblematic witness list form, (TF-238 [Backup PDF]). Writ of Execution A formal, written command by the court to a law enforcement officer or other official to enforce or execute a judgment in a specific way, such as sweeping a depository financial institution business relationship or taking a portion of someone'southward PFD.

Rev. five November 2018
© Alaska Court System
www.courts.alaska.gov
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Source: http://www.courts.alaska.gov/shc/debt/glossary.htm

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