Joke Collection Website - Public benefit messages - Is the collector's job legal?
Is the collector's job legal?
It is not illegal to collect this profession. However, illegal means are often taken in the process of collection. If it is violent or threatening means such as writing threatening letters or threatening others' personal safety, invading others' privacy or interfering with others' normal life, the police can handle it, and the public security organ will intervene and give certain administrative penalties.
What behaviors are violent collections?
1. Threatening or threatening borrowers or relatives and friends in the address book through WeChat or SMS is a violent collection. In addition, the following acts are also violent collections:
(1) Bombing the borrower's mobile phone number by using illegal software SMS;
(2) Pretending to be the staff of state law enforcement agencies to intimidate and violently collect borrowers and other illegal acts.
(3) The borrower calls more than 3 times within one day after the deadline;
(4) The borrower fails to collect the money within the time limit;
(5) disclosing the personal information of the borrower;
(6) collection in the borrower's home or work unit causes serious damage to personal reputation;
(7) After overdue, the overdue fee is higher than the overdue interest rate stipulated by the bank;
(8) Induce the borrower to borrow from other platforms and return the loan from this platform.
2. The debtor's handling of violent collection of arrears
(1) In case of violent collection, collect evidence of the violent behavior of the collector in time, not only short messages, telephone recordings, video recordings, chat records, etc. , but also complain to the Internet Finance Association;
(2) The collector uses language insults, even threats and other illegal means to collect money. If the borrower thinks that it threatens his normal life, personal freedom and life safety, he needs to call the police in time;
(3) If personal information is exposed on the Internet or in other public places without permission, the borrower will collect evidence of infringement of personal privacy and sue the other party in court.
To sum up, it is Bian Xiao's relevant answer to collectors' legal work, and I hope it will help you.
legal ground
Article 234 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 disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
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