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Is it legal to call home? What documents do you need?
1. It is reasonable and legal to collect money within the scope permitted by law. In this case, it is legal to collect money at home.
2. If there is illegal detention, it is illegal. The crime of illegal detention refers to the criminal act of illegally depriving others of their personal freedom by detention, confinement or other compulsory means. According to the law, those who constitute the crime of illegal detention shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment. In the process of debt collection, the personal freedom of the debtor is forcibly restricted from time to time, and the law stipulates that illegal seizure and detention of others for debt collection constitutes this crime.
It is illegal to trespass on the house. The crime of embezzlement refers to the act of entering other people's houses without the consent of the house owner, or refusing to quit after the request of the house owner.
According to the law, anyone who illegally invades another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
It is illegal if it involves black debt collection. Black-related debt evasion is mainly the creditor's debt collection through the underworld, which is divided into two situations: First, the creditor itself is a member of the underworld. Secondly, creditors collect debts through the underworld (such as debt collection companies involving the underworld).
Documents required for door-to-door collection are:
1, personal certificate.
First of all, the collection personnel need to show the relevant identity documents to the borrower.
2. Power of attorney of a third party.
If the collector is a third-party collection agency and is entrusted by the lender to collect at home, then the collector should show his third-party power of attorney to the borrower.
3. Loan information.
When carrying out door-to-door collection, the collection personnel need to carry loan-related materials.
4. Dunning letter. The dunning letter can timely understand the reasons for the arrears of the other unit and communicate information, so as to take corresponding countermeasures and measures to coordinate the relationship between the two parties.
Legal basis:
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 death. Where there are other provisions in this Law, such provisions shall prevail.
Article 238
Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment.
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 shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law.
Whoever illegally detains another person or detains another person in order to claim debts shall be punished in accordance with the provisions of the preceding two paragraphs.
Any functionary of a state organ who commits the crimes mentioned in the preceding three paragraphs by taking advantage of his power shall be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.
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.
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