Borrowing today's Xiaojin class: What is collection and what collection behaviors are illegal?

Swearing is a negative emotion. Once someone starts swearing, it will bring a large area of insult and slander, and then physical conflicts may occur, and serious personal grievances may arise. Therefore, the collectors should be strictly required to pay attention to their own behavior, and the swearing behavior should be prohibited from the source.

2. Insult and slander

According to Article 246 of the Criminal Law, whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Except those that seriously endanger social order and national interests.

According to the law, the crime of insult and slander is a crime that requires the other party to file a lawsuit, that is, the other party needs to provide evidence to file a case. Therefore, in the process of collection, we should first pay attention to whether the other party has obtained evidence and recorded it. In the process of collection, many of them are new collection specialists. Generally more experienced, overdue, will induce the Commissioner to abuse, and then threaten through recording. Therefore, we must be sensitive to the recording behavior to avoid the debtor taking advantage of others' danger. Secondly, we should pay attention to our words and deeds, and it is forbidden to fabricate events that are unfavorable to our customers, such as customer privacy. Unless others provide proof, it is forbidden to publish information that is unfavorable to our customers.

3. Detention

In the process of collection, someone detained the customer. According to the law, this kind of detention is treated as illegal detention. If the detention is not caused by a debt dispute, it constitutes the crime of kidnapping and the sentence is heavier. So we must resolutely put an end to it. The murder case that shocked the whole country last year was a typical criminal case caused by detention and humiliation, which caused extremely bad social impact.

4. Violent conflict

Whether it's picking fights or intentional injury, it's a very serious matter for the collection company. As a collection specialist who meets with customers, if you find that the other party has physical conflicts during the communication process. The first choice is to leave the customer quickly. If you can't avoid physical conflicts with customers, you need to ensure that you exercise your right to self-defense within a reasonable range.

5. Sell customers' property and collect customers' cash.

In the process of collection, whatever has certain economic value, whether it is the trailer or the customer's property, needs to be filed in the company, waiting for the customer to negotiate the disposal plan. Without the customer's consent, do not dispose of these properties for the time being to avoid the transformation of theft and robbery caused by property. At the same time, because cash belongs to specific items, it will lead to many disputes and duty crimes. Therefore, any cash payment behavior of customers must be resolutely prohibited. You can deposit money with your customers and go to the bank for settlement, but never accept cash from your customers.

Step 6 break into houses

Breaking into the debtor's house without authorization may lead to conflict with the owner of the house, or frighten the elderly and children at home, and then be attacked, and may even lead to property disputes. Therefore, it is suggested to confirm with the debtor repeatedly first, and then visit with the consent of the debtor and his family.

7. Spreading debtor information without permission.

Privately distribute debtor information, such as naked loans, photos, videos and so on. This is all illegal.

To sum up, the collection itself is not illegal, but if the collection salesman does not abide by the law and carries out violent collection, this behavior will no longer be protected by law.