Legal provisions on malicious collection

It is definitely illegal for creditors to maliciously collect loans. Creditors can only pursue debts when debtors fail to pay their debts on time, but they cannot pursue debts by violence. We can call the police to protect our legitimate rights and interests when collecting money by violence. Because the debt collection behavior of the loan platform or institution must be within the scope permitted by law, if it is suspected of illegal detention, beating, intimidation and other illegal and criminal acts, the parties can report the case to the public security organ at the first time, and the police will certainly intervene in time to protect the legitimate rights and interests of the victims. Generally speaking, if a loan contract is signed, the lender shall pay off the debt according to the requirements of the contract. If it is not paid off, the creditor can legally collect it. A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method. When concluding a loan contract, the borrower shall provide true information on the business activities and financial status related to the loan as required by the lender.

1, SMS and phone bombing threats. Countermeasures: Threaten SMS screenshots to leave a certificate. You'd better record the conversation. You can save enough evidence to complain to the Internet Finance Association, and the manager should give you an answer.

2, encounter door-to-door violence collection. Countermeasure: Call the police.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 2 The Civil Law regulates the personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.

Article 3 The personal rights, property rights and other lawful rights and interests of civil subjects are protected by law, and no organization or individual may infringe upon them.

Article 4 Civil subjects have equal legal status in civil activities. Article 5 Civil subjects engaged in civil activities shall follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes. Article 6 Civil subjects engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.

Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.

Article 670 Interest on a loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.

Article 671 Where the lender fails to provide the loan on the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.

Article 677 Where the borrower repays the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated according to the actual loan period.

Article 678 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.

Article 679 A loan contract between natural persons is established when the lender provides the loan.