This week, I want to answer a question we regularly get in the course of our duties, though I haven’t had anyone specifically write in to ask about it.

The question is some form of “what can I do about my friend/neighbor/tenant, etc. who did something wrong to me, even if it’s not a crime?” In other words, what is the difference between civil law and criminal law?

If your neighbor borrows your lawn mower with your permission, and then wrecks it or doesn’t return it, he has not committed a crime. You have entered into a contract with that person, even if it was just you saying “Sure, no problem” when asked to borrow it.

If the person violated that contract, it is a civil issue, not a criminal issue. You are entitled to take the person to civil court and sue them for your lost lawn mower, but the person can’t be charged with theft, because you gave that person permission to take the mower.

Similarly, most financial conflicts are civil and not criminal. If you sell a car to a person and they do not make payments as agreed, that is a civil issue.

The person didn’t commit the crime of stealing your car, you sold it to the person. The fact that he or she violated the agreement or contract by not paying as agreed is not a crime, so there is nothing that law enforcement can charge the person with, and no reason for us to investigate.

If you were able to show that this person intended to violate the agreement, we might be able to charge the person with intent to defraud, but proving something like that is extremely difficult.

If you are business owner and someone writes you a bad check, that too is usually civil, unless we can prove they intended to defraud you when they wrote the check. However, if you contact the person and work out an agreement to pay back the money, you have now entered into a civil contract and they will not be charged criminally if they again fail to pay you the money.

Almost all of the landlord/tenant problems brought to us are civil.

Because a person has not paid their rent as agreed does not mean that we as law enforcement automatically have the authority to remove them from their home.

In order for that to happen, the landlord has to go before the civil court and request a court order, called a writ of assistance, telling law enforcement that we have the authority and duty to remove this person from the home against their will.

When many people think of the court system, it is the criminal side that comes to mind. However, the civil courts that deal with divorce, major lawsuits, small claims actions, adoptions and probate are just as active as the criminal side. When you hear the word “lawsuit,” they are talking about suing in civil court. Any time you hear the words “charged with,” it means they were accused in criminal court of committing a crime, and they could go to jail if found guilty.

While civil suits can involve any amount of money, small claims court in Alaska can be used for issues involving less than $10,000. Fortunately, because it is often John Q. Public trying to get his money back and not some highly educated attorney, the rules of the court in small claims cases are much more relaxed than in formal civil court.

People can file small claims actions without the help of an attorney, although they are allowed to use an attorney, at their own expense, if they want one.

If you have been wronged by someone and no crime was involved, and the amount is less than $10,000, I suggest contacting the small claims section of your local courthouse. They have packets available explaining how the process works. The filing fee for small claims actions is $40.

If you have questions that you would like to ask a trooper, please send them to Alaska State Troopers,1979 Peger Road, Fairbanks, AK 99709. Or you can e-mail them to Chad.Goeden@alaska.gov. Because of the number of questions received, they cannot possibly all be addressed. You may also call your local trooper post business number to ask questions. The Alaska State Troopers remind you to always wear your seatbelt. It’s the law.