This handbook describes the Fair Debt Collection Practices Act (FDCPA) and discusses how to negotiate with debt collectors and creditors. The handbook is divided into 4 sections. Section 1 briefly describes how consumer credit got started. Section 2 describes how to deal with debt collectors. Section 3 provides a detailed overview of the FDCPA. Finally, Section 4 is a journal for you to use to document your communicatioins with debt collectors.
Alaska Fair Debt Collection Practices Act Handbook
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US-DCPA-23
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FAQ
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the actions of third-party debt collectors who are attempting to collect debts on behalf of another person or entity.
Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.
What are the provisions of the FDCPA?Call Time Restrictions.Honoring Workplace Opt-Outs.Honoring Home Phone Opt-Outs.Restrictions Against Harassment.Restrictions Against Unfair Practices.Restrictions Against False Lawsuit Threats.
7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.
Judgments are valid until satisfied or discharged; however, when a period of five years lapses, the judgment holder must file a motion with the court and prove sufficient cause for failure to obtain a writ of execution. Alaska Stat. § 09.35. 020.
A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts. Although not always the case, in general a consumer is listed as defaulting before a credit provider applies for a judgment.
7 Most Common FDCPA ViolationsContinued attempts to collect debt not owed.Illegal or unethical communication tactics.Disclosure verification of debt.Taking or threatening illegal action.False statements or false representation.Improper contact or sharing of info.Excessive phone calls.16-Sept-2020
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Regulation F requires debt collectors to provide notice in any electronic communication to a consumer of the right to opt out of a specific medium of electronic communication, and must disclose to the consumer a reasonable, simple, and free method to opt out of a specific mode of electronic communication.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
