Joke Collection Website - Public benefit messages - Is it illegal to call an emergency contact for overdue collection of online loans?
Is it illegal to call an emergency contact for overdue collection of online loans?
N collection methods of online loans:
1. SMS notification: for borrowers who are overdue for less than one week.
2. Telephone enquiry: If it is overdue for about one week, those who are overdue will receive a reminder call. If I can't contact you, the small loan company will contact the emergency contact you left when you borrowed money.
3. Address book bombing: You generally authorize the address book to the small loan APP before the loan. When the overdue period is serious, they will pick some people you often contact to ask.
4. Door-to-door collection: This collection method is costly, and is generally aimed at debtors with large loan amount and long overdue time. Note that it is illegal to make verbal and physical threats when collecting money at home, which may even constitute a crime.
5. Send the lawyer's letter or reminder to your residence.
6. Send a court summons for prosecution.
Second, how to deal with the collection of 1? When the collector says that you are a financial fraud, it clearly indicates that there is no fraud, and tells the collector that there is no fictional fact when you borrow money, and it is completed through formal approval, and there is no fraud! 2. When the cashier bombs your relatives and friends, resolutely refuse the third party to collect money, refuse external pressure, and prevent them from looking for people around you to collect money as a third party. You are an independent civil actor, and the debt is personal.
Don't be nervous when you receive the lawyer's letter from the small loan company. The lawyer's letter is a "legal evaluation" made by the lawyer for the client on the side of the small loan company in this loans overdue incident. The so-called lawyer letter is actually a legal threatening letter.
4. When you receive a court summons, you need to be present at this time, and you basically don't need to ask a lawyer. In order to ensure your legitimate rights and interests, you must prepare the transfer record between the online loan platform and you before the trial. How much you borrowed and paid back, you must have it! Third, knowing the above content means that you don't have to borrow money from the company? No, you have to return it. China's laws have the following provisions on private lending: the interest rate agreed by the borrower and the lender shall not exceed the annual interest rate of 24, and the people's court shall support it if the lender requires the borrower to pay interest at the agreed interest rate. If you have no money at hand, you should also show a good willingness to repay, actively communicate and coordinate with the small loan platform, and make a repayment plan acceptable to everyone. Paying back on time is fundamental, so that you won't be sued.
Legal basis: People's Republic of China (PRC) Criminal Law Amendment (IX) concerns the relevant provisions on personal information security. "Whoever, in violation of the relevant provisions of the state, sells or provides personal information of citizens to others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. "
Peer-to-peer lending means that the borrower looks for investors who are willing to borrow money on the P2p platform through secured or unsecured means, and the investors enjoy the interest paid by the lender. In the process of p2p lending, personal information is easy to be leaked, and the parties should learn to take legal weapons to protect their rights.
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