People are not afraid of you calling the police at all, and sometimes we will take the initiative to call the police to the police station to negotiate a solution. Because we collect money at home, people who owe money generally feel guilty about calling relatives, friends or social people to stop their debts at home. I also met a relative of a creditor who was a policeman and called two policemen to collect debts. As soon as the debtors came over, they felt emboldened, shouting that they were usurers and violently collecting a bunch of hats from us. We also fought back with the words and deeds of "the police protect citizens' rights and interests, and he won't pay us back if he owes us money." This is the right and interest of our citizens. We called his house to meet the police. This is his civil right. We are absolutely legal and can't collect money by violence. "Don't worry, now the country is cracking down on violent collection, and it is also cracking down on Lao Lai. If you find the police, you don't have to pay back the money. The police don't protect Lao Lai. At what time, the state focused on eliminating evil, not only the evil forces in society, but also some corrupt evil forces in the public security law. "
If we go to the police station, we will only ask for the return of legitimate principal and interest, so the police station can't help us. It will only allow us to settle disputes through private consultations or court proceedings. Every police station has a dispute coordination room. If the coordination is not good, let's solve it ourselves. We'll keep coming, even if you call the police again. The police will ask both parties to settle it privately or bring a lawsuit to the court. If they have been there two or three times, they will be annoyed and scold you and us. We will continue to put pressure on you.
If the debtor calls people from the society, we will never do it. If you do, we will be alone. After the first person is there, we will directly ask the company's legal department to go to the local police station to detain our company staff for allegedly pestering local people to gather for a 10-day sexual fight. It takes at least three months from detention to trial.
In life, we often encounter debt collection at home, but most creditors will not go too far, because if the relationship is stiff, it will be more difficult to get the money back. So sometimes creditors are angry, but in order to maintain the relationship, they can only tolerate each other again and again.
It is natural to pay back debts, but some people can't bear it because of bad faith or malicious breach of contract, and finally staged a violent debt collection drama. As a debtor, what should I do to make this scene a smooth curtain call?
First of all, make it clear whether this debt is yours or not. If it doesn't belong to you, but the creditor mistakenly thinks you are the debtor, then you should explain it clearly to the creditor and don't let him be misunderstood all the time. If you can't explain clearly to him, or he doesn't believe you, then you have to prove your innocence by legal means.
If you are a real debtor, since the creditor has used violent means to collect debts from you, it shows that he is calm and has not moved you, so he is forced to use this strategy. In other words, if you break your promise or maliciously default on the loan, it will lead to violent debt collection by creditors. In this matter, first of all, you are wrong.
Although it is your problem, as a creditor, you can't break the law. According to the criminal law, anyone who 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 illegally intrudes into another person's house or refuses the owner's request to leave the house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Therefore, when someone wants to collect debts by violence, it is best to stay at home, and then call the police in time to let the police handle the afterwards. However, if the debt collector has broken into his home, he should take appropriate measures to stabilize the debt collector and avoid provoking him and causing personal injury. If the debt collector tries to hurt your health, then when there is no chance of winning, choose to run away instead of confronting him, because your resistance will anger the debt collector and make the situation worse.
As a debtor, it is wrong for you not to perform your debts. So the first thing you have to do is to find a way to pay your debts, but you can't lose your principle because creditors are chasing debts and use illegal means to get money. This will only put you in jail. Of course, you can't use violence against debt collectors, because if you hurt their health, you will be punished by law. In the face of violent debt collection, we should analyze the current situation and deal with it calmly. If we are impulsive, it will only make things worse, and in the end, the loss will outweigh the gain.
In fact, as a debtor, you should make an assessment of your creditors and yourself before borrowing money from others or getting into debt. If you can't repay, don't borrow money. However, if it has reached the point of old violent debt collection, it can only safeguard its legitimate rights and interests through legal means.
In case of violent collection, don't be afraid to let the other party seize your heart and correctly safeguard your legitimate rights and interests.
1. We have the right to let collectors break into houses. At this time, we can call the police and ask the other party to leave our residence. In this process, evidence can be obtained through video, and if the other party commits illegal acts, it can be handed over to the police as evidence.
2. If the other party splashes paint, it is recommended to install a camera in front of your house. Otherwise, this kind of thing can't catch people, even if it is called the police, it will be difficult to catch people, and it will have no effect in the end.
3. There is also the collection of soft violence, all kinds of explosive phone tables, all kinds of coquetry and so on. This is really unbearable. However, since you have chosen to borrow this kind of money, you must be prepared to be harassed if you can't change it.
Now, the state has intensified its crackdown on illegal acts such as "routine loans", which are likely to breed social black crimes such as illegal detention and intentional injury. Don't think about this situation, just report it directly.
Now the law stipulates that if the other party is considered as a lender, then the court will consider the contract invalid, and we only need to repay the other party's principal without paying high interest.
The most important thing is, after all, you have borrowed money from the other party, and the principal and legitimate interest of others have to be paid back. If you don't want to be urged to pay your debts, you'd better take a formal loan.
First of all, it must be clear that violent collection is illegal! Don't indulge the growth of these evil forces just because you are in debt! If you encounter violent debt collection at home, you must protect yourself by legal means in time:
1. If you don't want the other party to enter the house, just refuse, and call the police directly if you encounter forced entry. If you encounter violent means, please defend yourself properly and protect the personal safety of yourself and your family.
2. Paint, put up posters, etc. It is also handled directly by the police, which is an act of disturbing social order.
In the final analysis, it is a word. As long as you don't mean to be an old lai, you should communicate and negotiate well even if you are in debt. However, in case of violent collection, for the safety of their own lives, they choose to call the police at the first time, and those who cause serious consequences can sue for compensation.
A society ruled by law will not condone those who openly violate the law and discipline! Have confidence in our police uncle!
first
Did the debt collector illegally collect "usury" or did you owe money and promise to pay it back when it was due, but you delayed or directly shirked the other party for various reasons, causing the other party to go to the door to collect debts unbearable?
Second point
If it is illegal to collect "usury", remember not to provoke the other party (if the other party is beaten, you must let him go while protecting the important parts and pretend that your relatives and friends have sent money). At the same time, when the other party is not paying attention, call the police directly and ask the police for help. Because these "loan sharks" will never let you go easily, they will "do whatever it takes" to coerce you into submission, demand more "interest" and even take violent beatings, so don't take any chances when you meet these people, and don't worry about being retaliated. You must call the police decisively.
If you don't pay back the money you owe, and the other party is forced to come to the door in person or arrange for others to come to ask for it, then even if others are rude (of course, if there is a beating, you should protect yourself first and ask the police for help if necessary. If you break something, you should let him go first. Never "cheat" or decide "larger foe". After all, you are on the wrong side. Even if people can't get the money at the moment, they can go to court to sue. At that time, you will only have two choices: pay back the money or go to jail. Of course, if you don't care about going to jail and swear to "cheat" to the end, then you can do it yourself.
Finally, remember to protect yourself first!
Seeing this problem, I suddenly feel that the sentence "it is the uncle who is in debt now" is still very reasonable.
If you are a normal buyer and seller, because of the cash flow problem of the business, you accidentally borrowed usury, and it happened that the business did not improve and was taken over. In this case, I still suggest that you raise money to repay as soon as possible. If it's gambling debt, it doesn't matter if it's not paid. The law does not protect "gambling debts", but it depends on your courage.
Many people don't understand violent collection. I can tell you responsibly that the legal literacy of these debt collectors is not small now. They know when it is illegal and when it is a crime. I guess you haven't called the police yet. They have. Tell them you are in an economic dispute. This situation is hard for the police to accept.
If violence endangers personal safety, and it is in your home, I suggest you defend yourself properly, as long as it does not exceed the necessary limit. If you are interested, you can check the case of Yu Huan.
The code word is not easy, please pay attention, thank you!
The peak of violent debt collection at home should be in the 1990s.
Previously, such debt collection companies only served the people.
In the 1990s, due to deregulation and illegal operation of banks, a large number of sluggish non-performing loans were formed.
It has caused huge losses to the economies of developing countries, and the bad debt rate has been rising.
The state ordered financial supervision and tightened monetary policy.
At this time, a new post appeared in the banking industry: responsibility collection.
That is, who put in the loan is not compliant and can't get it back, and who is responsible for the collection, which is linked to personal salary.
At the same time, a new department was established: Non-performing Assets Management Department. Responsible for the collection of overdue and sluggish bad debts within the jurisdiction.
During this period, bank loans formed non-performing loans, many of which were man-made, and many borrowers also came for the bank's money, and there was no idea of repaying loans at all.
At that time, the loan interest rate was ridiculously high, and some reached 3-4 points.
With such a high interest rate, unless you win the lottery, who can afford such usury?
Because of the lender's mentality, can you still let him collect the loan?
This is definitely a business of "the meat steamed stuffed bun hits the dog with no return".
If public officials want to be polite, emotional and publicize policies, they are casting pearls before swine.
It is an obligation to receive you, and it is reasonable to treat you as an enemy.
Because, this group of people think: after receiving your money, money is his "surname", and "the child has been given away", there is no reason to come back.
It's fun to hit you mercilessly or unintentionally if you're not great!
The civilized debt collection of public officials is obviously not effective, which has spawned another industry: debt collection companies.
Such companies must use efficient and fast means to realize collection, in order to obtain short, flat and fast profits.
It is conceivable that their methods can't be gentle, and most of them are simple and rude.
Every time they take a business, they have to make a deal. They should also pay attention to the reputation of the industry and pursue a good reputation. Otherwise, where does business come from?
Violent debt collection scares debtors.
It is natural that debts must be paid. Consciously pay off debts and keep safe.
Since you owe someone money, for whatever reason, if you can't return it on time, you should take the initiative to communicate, reach an understanding and avoid the risks of both sides.
Borrowers, don't take any chances. If you don't return it, some people even make a high-profile statement: if you don't want money, you will die.
If someone really wants to get their money back and take violence to collect it, it's hard to say. In a hurry, he will really kill you or your health.
First, try not to open the door.
Whenever someone knocks at the door, try to find out the origin of the other person before opening the door. This is the guarantee of all safety.
The second is to call the police in time.
Debt collection companies, in our country, are basically in a gray area, and violent debt collection is not allowed by law. The law still has a deterrent effect on them.
Third, if it is unavoidable, try to exercise restraint, avoid language and physical conflicts, and choose the right time to ask for help and call the police.
Peace is a blessing, money is a thing apart, it is better to pay back the money.
As long as you live healthily, why worry about earning a few debts!
I wish the world happiness and well-being!
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1. "Violent debt collection" is illegal because of violence. If the violence is minor, it will be punished by public security management, otherwise it will constitute a crime.
2. The way of debt collection should be on the legal track. No matter whether the debt is legal or not, the illegal way is also illegal (generally illegal crime).
3. Gambling debts, drug money, whoring money and other illegal debts are not protected and supported by law.
Generally speaking, violent debt collection may be related to criminal acts such as illegal detention, kidnapping, extortion, intentional injury or murder, illegal possession of guns and ammunition, illegal intrusion into houses, intentional destruction of property, etc.
5. In case of illegal debt collection, you can call the police, lock the criminal act and fix the evidence. If it constitutes a crime, the public security organ will investigate the criminal responsibility of the perpetrator in accordance with legal procedures. A private prosecution case that is not a public prosecution case may bring a criminal private prosecution to the court. In case of emergency, you can defend yourself or defend yourself properly. Legal protection supports self-help (within a certain range) and protects your legitimate personal and property interests.
6. If you borrow money, the maximum interest protected by law is 24%, 24 ~ 36% is natural debt (whether repayment is entirely voluntary), and more than 36% is illegal and not protected by law.
7. Disputes can be settled through various channels. Negotiation, mediation, mediation, arbitration or litigation. Illegal debt collection will be punished by law.