Modern people's consumption concept has changed greatly, and borrowing has become a common behavior habit. With the popularity of lending, due to various factors, overdue events also occur from time to time, and disputes are increasing. Professional debt collection team has become an important tool to solve such disputes.
First, debt collection is illegal. If it is debt collection, it violates the law and it is normal to sentence directly. So if you face those debt collection behaviors within the time limit after borrowing, can you directly resort to the law?
1, debt collection occupies the house
According to the Constitution, China citizens' houses are inviolable, and illegal search or intrusion into citizens' houses is prohibited. Paragraph 1 of Article 245 of the Criminal Law stipulates: "Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention." If the debt collector occupies your property, it is illegal to occupy someone else's house, which will be punished by law.
2. Obtaining funds to pay off debts by illegal means.
This kind of behavior is not debt collection, but debt. At any time, you can't let yourself get money by illegal means, because you have to pay off your debts. Because it is illegal in itself, whether you pay off your debts or not, you will be punished by law.
3. The debtor loses personal safety after debt collection.
According to the provisions of the Criminal Law, "whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious injury by particularly cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. " It is not advisable to collect debts by violence. This kind of behavior is not only unable to collect debts, but also violates the bottom line of the law. As long as such behavior is encountered, the parties will be allowed to sue. Only by civilized debt collection and reasonable and legal means can we get the due benefits.
4. Threatening detention.
Anyone who knows a little about the law knows that illegal detention is a crime. If you threaten someone and illegally detain the client, then you must be breaking the law. Therefore, in order to prevent debtors from evading debts, it is not appropriate to control others to collect debts. According to the law, a person who is illegally detained can be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Therefore, whoever lends money to others must estimate the repayment ability of the other party, otherwise the lent money will not come up, and it is likely to be punished by law because of extreme debt collection.
Loan agreement 1
Party A (borrower): _ _ _ _ _ _ _ _ _ _ ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _