Alaska Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Alaska's Statutes Of Limitations. Alaska phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Alaska Fair Debt Collection Consumer Practices Guide summarizes Alaska's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.*
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Alaska Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Alaska’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Alaska Debt Exemption Law!
Alaska Statutes
Alaska has opted out of federal bankruptcy exemptions. Alaska Statute § 9.38.055.
Wages: Alaska Statutes §§ 09.38.030, .050, .065, .105, .115, .500;
Alaska Administrative Code title. 8, § 95.030.
Homestead: Alaska Statutes §§ 09.38.010, .060, .065, .105, .115;
Alaska Administrative Code title 8, § 95.030.
Tangible personal property: Alaska Statutes §§ 9.38, .015, .020, .025, .115;
Alaska Administrative Code title. 8, § 95.030
Benefits, retirement plans, insurance, judgments, and other intangibles:
Alaska Statute §§ 9.38.015, .017; Alaska Administrative Code title 8, § 95.030
Alaska Debt Statutes of Limitation
Your debt may have expired under Alaska’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Alaska Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Alaska Debt Statutes of Limitations
Contracts under seal: 10 years, (A.C. 6-2-33)
Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)
Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)
Open accounts: 3 years (A.C. 6-2-37)
Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)
Actions based on fraud: 2 years (A.C. 6-2-3)
Alaska Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Alaska’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Alaska law.
Alaska Procedural Requirements
A plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy the judgment. Alaska Code Civil. P. _ 09.40.010.
Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose. Alaska Code Civil. P. _ 09.40.025. All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff for the amount of the property or debts until the attachment is discharged or the judgment recovered by plaintiff is satisfied. Alaska Code Civil. P. _ 09.40.040.
When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and description of any personal property in the person's possession belonging to the defendant, or any debt the person owes to the defendant. If the person refuses to do so, or if the statement is unsatisfactory to the plaintiff, the person may be ordered to appear before the court and be examined concerning the property or debt. Alaska Code Civil. P. _ 09.40.060.
A party in whose favor a judgment is given that requires the payment of money may have a writ of execution issued for its enforcement. Alaska Code Civil. P. _ 09.35.010. All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempted by law, and all property and rights of property seized and held under attachment in the action are liable to execution. Alaska Code Civil. P. _ 09.35.070.
The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied. Alaska Code Civil. P. _ 09.35.100.
Interest Rate at which Judgments AccrueThe rate of interest on judgments and decrees for the payment of money is 10.5 percent a year, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specific rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree. Except when the court finds that the parties have agreed otherwise, prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier. Alaska Code Civil. P. _ 09.30.070.
Alaska (Debt Collector) Call Recording Law
Under Alaska State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Alaska is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Alaska.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
