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Is it illegal to pay overdue home visits on online loans?
However, some social collections are not so simple, and they are often accompanied by the act of breaking into famous houses. It will take the form of intimidation, threats, insults, writing posters and broadcasting. This will damage the reputation of borrowers and harass their families and neighbors.
Simply put, it is illegal to gather people to enter a room. If the circumstances are serious (refusing to quit), it constitutes burglary and can be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Judging from the current situation, if there is a door-to-door collection, the alarm is of little use unless it is violent beating, smashing and looting or personal injury. Moreover, most of the collections at home are local social groups, which have a certain relationship. The police will come back after they have dealt with it, and it is useless to call the police many times.
In short, online loans collect money at home, without noise, theft, robbery or abuse, and their behavior does not involve breaking the law. If the collector asks to give him the money directly, don't give it to him easily. He must repay the loan through the online lending platform and ask the online lending platform to cancel his information after paying off. Because some collectors directly misappropriate the money after receiving it, the users themselves are unaware of it. Try to negotiate with relevant personnel, actively communicate and avoid confrontation. The purpose of collection is only to make users pay back the money. If the user maintains a good attitude, there is really no way to pay back the money, so the attitude must be friendly when negotiating.
Legal basis:
Criminal law of the people's Republic of China
Article 245 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. Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Criminal law of the people's Republic of China
Article 234 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 disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or criminal detention. Where there are other provisions in this Law, such provisions shall prevail.
People's Republic of China (PRC) Public Security Administration Punishment Law
Ninth public security organs can mediate and deal with minor violations of public security management caused by civil disputes, such as fighting and damaging other people's property. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
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