Talking about the legality of private debt collection and debt collection

The difficulty of financing small and medium-sized enterprises and private self-employed individuals is an objective reality. In order to survive, it is only through the private loan to solve the urgent needs, often paying the price of high-interest rates. If the interest rate of borrowing money exceeds four times the bank loan interest rate, it is a “usury loan”, which is illegal borrowing. Exceeding part of the interest rate is not protected by law. Beijing's accounts company today said that private lending, because of the lack of measures such as mortgages or guarantees, often triggers risks, which can be described as high returns and high risks.

In the case of the weak economy, shortage of cash, lack of credibility, and weak judicial power, the industrialization of private debt collection has been spawned. Private lending, the normal state requires the debtor to actively perform debts. With the lack of credit, debt collection has become a very difficult matter. Creditors often think that taking legal channels to collect debts is too long, and it is also difficult to implement. In this embarrassing situation, many creditors seek the help of “professional debt collectors”. The “debt collectors” will adopt some extreme methods to illegally obtain debtor information, interfere with the debtor’s life, threaten, intimidate, track and even kidnap, illegal. Restrict freedom and even put pressure on the debtor’s family to interfere with the life of the entire family.

For professional "debt collectors", "private detective companies", because of the temptation of interests, and the proportion of interests between creditors often reaches about 50%, so these debt collectors will be very hard, and some of them are called "legal people." "To provide support, these people often walk in the gray area of ​​legal supervision. For example, they will not tell the police that they are charged for debt collection. When the police are not present, the use of the debtor is intimidation, beatings, restrictions on personal freedom, etc. Behavior; the police immediately converge on the spot and become "negotiating and negotiating" with the debtor. The method adopted by the debtor is not direct violence. Direct violence is likely to cause intentional injury or intentional homicide. These professionals use “soft violence” on the debtor to prevent the debtor from working and living normally and interfere with the normal life of the debtor and his family. “ Force the debtor to follow the example and achieve his goal. Therefore, in the process of private debt collection, it is easy to breed illegal crimes, and our society should attach great importance to it.

Debt repayment is a matter of course. Honesty and credit are the basic norms of civil activities. We hate the act of dishonesty, and the society expresses sympathy and support for legitimate creditors. In practice, the situation is more complicated, and we have to make a specific distinction. If the “receipt” is indeed due to economic difficulties and loss of performance, then the “debtor” should also have patience and wait for the debt to resume its ability to perform. For those "old Lai" who have the ability to perform and deliberately fail to perform, it is necessary for creditors to adopt some methods and techniques within the legal scope. But it is illegal or even criminal to use acts that restrict freedom, intimidation, tracking, beating, and disrupting the lives and work of others.

In order to prevent the emergence of new problems and contradictions, the law specifically regulates the protection of creditor's rights, such as the system of timeliness, jurisdiction, litigation, preservation procedures, and enforcement procedures. Shanghai private detective companies have found that legal rights can be realized through legal channels. This is a normal and legal way and should be advocated and supported by society. If you master the bad scales in the process of debt recovery, you may breed criminal behaviours, which will lead to confusion in the social order.

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Created on Oct 29th 2019 13:42. Viewed 593 times.

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