Especially if the debt collection agency is not licensed according to Section 08.24.090 of the Alaska statutes?
Are motions to dismiss even allowed in alaska courts?
As a general principle of law, most jurisdictions' rules of civil procedure provide that a motion to dismiss may be brought within the time allowed by law for the filing of a pleading responsive to the complaint. As a practical matter, if the constellation of claims appears amenable to dismissal as a matter of law, the defendant will bring a motion to dismiss in lieu of answering the complaint. In the federal system, the applicable rule is FRCP 12(b)(6) and many states, including (I believe) Alaska, has rules of civil procedure which are modeled on the federal rules and closely track the numbering system of the federal rules.
But I wouldn't hazard whether a motion to dismiss is appropriate on the facts you describe, as I don't practice law in Alaska and don't hold Alaska licensure. I'm just talking about general principles of civil practice, and how motions to dismiss are typically brought instead of answering a complaint where the claims asserted appear to be amenable to dismissal as a matter of law. If you need legal advice, please consult a lawyer who practices law in Alaska. That' s not me.
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