Provisions of civil code on overdue loan collection

The provisions on the consequences of loans overdue are: bringing a lawsuit to a people's court or freezing property. If it is a borrower in our country, it should repay the loan within the agreed time limit. If there is no agreement or unclear agreement on the loan term, which cannot be determined according to the provisions of China laws and regulations, the borrower may return it at any time; At this point, the lender can urge the borrower to return it within a reasonable period of time.

202 1 The Latest Provisions of Civil Code on Expropriation

1, soft violence becomes punishment

According to the latest provisions of the Civil Code, if any third-party collection agency entrusted by collection agents or lending institutions adopts soft and violent means in collection, the debtor, friends or family members will feel threatened, frightened and intimidated. If the circumstances are serious, the collector may be sentenced.

The so-called soft violence, coercion, language threats, paint splashing, funeral music, going to the debtor's work unit, address book harassment, violent text messages and so on all belong to soft violence.

2. Illegal debt

If the debt collector collects illegal debts, the interest is very high. The collector is likely to bear the consequences of fixed-term imprisonment of not more than three years, criminal detention or control, and a fine or a single fine. There are clear laws in China that no lending institution may issue high-interest loans.

If the loan interest rate exceeds 36% of the latest national benchmark interest rate, it is regarded as high interest rate and is not protected by law.

3. Family collection

According to the provisions of the Civil Code, if the collection personnel need to go to the door for collection, they should bring a third person as a notary. If you don't get the debtor's consent, or you don't bring a third party, it will be regarded as illegal collection. The debtor can directly seek the help of the judicial organs.

How to deal with violent collection?

In case of address book explosion or violent collection, you can keep relevant evidence, such as screenshot evidence in the form of recorded evidence. At the same time, when encountering violent collection, remember to call the police in time to avoid personal safety being threatened.

Legal basis:

Article 675 of the Civil Code, the borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.

Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.