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It is illegal for him not to leave the house and can be called to the police, but it is okay at the door outside the house. persuade him to go through the legal process and legally ask for debts.
If the legal entity of the company owes money, the shareholder is not the debtor if the shareholder has paid up the registered capital. In this case, it is reasonable to call the police and ask the police to remove him, and the police's usual means of dealing with him are the first notification, the second warning, and the third direct detention.
Even if the money is borrowed in the name of an individual, the creditor-debtor relationship should be resolved through legal means, such as suing the court for compulsory enforcement. Therefore, the subject can also call the police, debt repayment and door-to-door debt collection are of different natures, and there has never been legal support for illegal means to achieve legitimate goals.
Door-to-door debt collection and entering other people's homes without the permission of the right holder are themselves violations of the Constitution and the Public Security Administration Law, and those who reach a certain level should be punished by public security, and in serious cases, they can even be convicted of the crime of illegal trespass in accordance with Article 245 of the Criminal Law. It is recommended that the subject first call the police to drive people away, and at the same time keep relevant evidence, and then harass and refuse to accept them, and the possibility of using legal means is not ruled out if there are more times.
The above is fully analyzed from the perspective of the subject. But in any case, as the old saying goes, it is natural to repay debts, and it is a matter of credit and credibility, it is best if it is feasible for all parties to sit down and talk about it, negotiate a delay in the repayment plan, and it is your duty to lend you money, and you should repay the money, and the old lady is also old, so don't take too extreme measures when you are not extreme.
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I think you'll have to call the police. Let ** come out, let him go, so that you can ensure your personal safety, if he stays at home, it must have affected your life, so some things have to be negotiated and resolved, not in such an extreme way.
So there are some things, you must resort to the law and let the law solve this problem, don't solve it privately, so as not to cause conflicting plans, so that it will definitely have an impact on your family, and even on innocent people. Therefore, this problem should be resolved through negotiation between the debtor and the creditor, for example, how much more per month? And then um, is it just to write an agreement?
In this way, maybe the other party won't be so reliant and won't leave.
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Pay off the debt or negotiate to pay it off later.
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By calling the police, the police can forcibly take the suspect out and detain him.
Legal analysisIn the case of others staying at home and not leaving, they can call the police and ask ** to deal with the relevant situation. **It is possible to forcibly remove a person who breaks into the home. If the other party's behavior has constituted illegal trespassing, then ** can arrest and detain him, and then file a lawsuit with the court.
The perpetrator clearly knows that his trespass or non-withdrawal violates the will of the right holder or disrupts the peace of another person's residence, but actively trespasses or passively does not quit, which constitutes the crime of illegal trespass. Another form of the crime of trespassing on a dwelling is refusal to quit, which refers to the act of not withdrawing at the request of the right holder, which is a crime of omission. The crime of unlawful trespass shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.
The offence of trespass refers to the crime of trespassing against the will of the members of the dwellingLegal basisThe act of refusing to leave a citizen's house after entering a citizen's house, or refusing to do so after entering a citizen's house. Objectively, it is manifested as an act of trespassing into another person's home. Unlawful means against the will of the members of the dwelling, or without a legal basis.
Trespass mainly refers to entering another person's home without the consent and permission of the owner of the right to dwelling, as well as forcibly entering another person's house despite the opposition and dissuasion of the right. There are various ways to break in, such as breaking into a door, breaking through a window, breaking in, and so on. The trespass may be open or secret, but violence is not necessary to constitute the offence.
Legal basisCriminal Law of the People's Republic of China Article 245 Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, is sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.
Article 39 of the Constitution of the People's Republic of China The homes of citizens of the People's Republic of China shall be inviolable. It is forbidden to unlawfully search or trespass into citizens' homes.
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You can call the police to deal with it!
However, the best thing to do is to pay back the money to the debt collector, which is the key to solving the problem.
Next time, remember: if you can't afford it or don't want to pay it, don't go into debt!
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Hello, happy to answer your questions, if the debt collector has been staying at your house and refuses to leave, then you can call the police, even if you owe him money, you should use normal means to collect the debt, not rely on the family.
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In the past, there were many ways to ask for debts like this, but now that everyone understands the law, I am afraid that no one dares to rely on the debtor's house like this and not leave.
I have met such a person before, others owe him 100,000 yuan, and he has been chasing him many times, but the other party has been hiding and refusing to pay back. The creditor is a young man who is hot-headed and impulsive.
He went to the other party's house to find the other party, and repeatedly ate the closed door. Later, in a fit of annoyance, he picked the lock of the debtor's door and lived in the debtor's house and did not leave. And the heart said, I will let you stay in thy house if thou shalt not come back, and see how long thou wilt be in debt.
Later, the debtor was even more afraid to go home after hearing about it, so he had no choice but to call the police. However, the creditor still lived in the debtor's house and did not leave, and then the judicial authorities imposed compulsory measures on the creditor for the crime of trespassing into another person's home.
The creditor didn't understand: he didn't give me the money, was it wrong for me to go to his house to ask for the account?
Wrong! It is wrong for the debtor not to give you the money, but this is a civil dispute and a civil legal relationship. If the creditor forcibly lives in the debtor's home without the debtor's consent, this is an illegal entry into the house, which can constitute a criminal offense in serious cases.
The debtor owes money and does not give it, but it is at fault; And you are illegally collecting debts, which is a crime.
Therefore, the object of the law violated is different, and the consequences are also different.
If the debtor owes money and does not give it, the creditor may sue in accordance with the law and ask the court to make a judgment; If the creditor does not leave the debtor's home, the debtor can call the police and ask the judicial authorities to deal with it in accordance with the law.
The reason why I say this is to advise you: do not be impulsive in everything, and handle disputes in accordance with the law, so that you can be reasonable and legal.
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If it is illegal to collect debts violently, you can call the police, if it is just for your family, it is not considered violent debt collection, so finding a way to repay the money as soon as possible is the root of the problem.
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Yes, including trespassing. Intentional killing. Destroying belongings, etc., but most of them are useless, because most of them are gone before this.
Note that if you are not suffering but damage to the property. Threats to personal safety, such as personal safety, may only be a verbal warning if the circumstances are minor, and there is a risk that the other party may request support, and if the date is not clear, it has the right to detain both parties.55 It is an interrogation on the surface, and it also reserves the right to guide the department.
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You can call the police, but when the police come, they can only negotiate a settlement, because they haven't broken the law, and it's your family who owes them money.
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You should choose to call the police immediately, malicious recovery, it is an illegal act, seriously affecting the normal life of others, you should choose to call the police immediately.
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It can be, the key is that people come and ask you to repay your debts, and you owe people money, and you have to find a way, and it would be good if people didn't get you the court because of others.
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You pay off the debt, and the debt collector is naturally gone. You can call the police, but you won't solve the underlying problem.
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OK. The problem is that when the police come, they will first coordinate the contradictions between you, you have to pay back the money first, or you have to come up with a plan to repay the money, how much will you pay back in a month?
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The police won't help you, and it's embarrassing to say that you don't owe money, and it's reasonable.
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If the debt collector has a basis for collecting the debt, then why doesn't your family pay the money?
After paying back the money, won't the people just leave? It's okay to call the police, but if it's your own problem, isn't it you who will lose face after calling the police? Don't you have to pay it back?
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How can you call the police if you owe money and repay the money, and he didn't rob and take anything from your house, you still have to find a way to pay back the money.
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It is only natural to repay debts. You can't find anyone to help you, and you can find someone else to solve the problem. There is nothing left to pay off the debts.
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Tell him to be better, not for the time being, and I'll pay you back as soon as I have ,... money
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In order to solve the problem, are you justified in calling the police? You owe money to someone else, suggest giving the money you owe to someone else, and the problem is solved.
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In order to collect debts, living in the debtor's house and not leaving, this kind of behavior is actually illegal, and if the circumstances are minor, he will be sentenced to administrative detention of not more than 15 days, and if the circumstances are serious, he will constitute a crime, and if he constitutes the crime of illegally trespassing on another person's house, he will be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 245 of the Criminal Law of the People's Republic of China stipulates that anyone who illegally searches the body or residence of another person, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.
First of all, we need to send a lawyer's letter to deter the debtor. Before we go to the court to file a lawsuit, it is also a method to send a lawyer's letter to the other party to give the other party a legal deterrent and achieve the goal of surrendering without a fight. >>>More