Joke Collection Website - Public benefit messages - Is it illegal to call and harass your family?
Is it illegal to call and harass your family?
normal debt collection laws are permissible. However, debt collection must meet the following conditions:
First, there must be documents that can prove the existence of debt relationship.
second, there must be clear information about the debtor.
third, there should be a list of the debtor's property available for execution.
fourth, we should pay attention to the prescription of action. According to the current law in China, the limitation of action for general civil rights is three years, counting from the time when you know or should know that your rights have been infringed. As far as the debt problem is concerned, it is three years from the time when the debt expires and the other party refuses to pay it.
according to the relevant laws and regulations, sending insults or other information for many times (more than three times) interferes with the normal life of others, and its behavior violates the above provisions. The victim can report the case and ask the police to impose administrative penalties on the perpetrator. Be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan. The collector pulls his communication records without the borrower's consent and informs his contacts of the borrower's non-repayment of debts. In fact, it violates the borrower's right to privacy. Calling and sending short messages to the borrower's contact without permission also violates the privacy right of the borrower's contact. If there is anything insulting or abusive to the borrower or the borrower's contact person in the phone call or short message of the collector, it is also illegal to infringe on his reputation right. The above-mentioned illegal acts of the collector belong to civil infringement, and the borrower can ask him to stop the infringement or report to the relevant departments.
Legal basis:
Law of the People's Republic of China on Public Security Administration Punishment
Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than 5 yuan; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 5 yuan: (1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or punishment by public security administration;
(4) threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, threatening or other information for many times, which interferes with the normal life of others;
(6) peeping, taking candid photos, eavesdropping or spreading others' privacy.
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