Is it illegal for a creditor to put a demand letter on the debtor s door?

It is okay for creditors to go to the debtor's home to collect debts, as long as it is normal and civilized. However, the creditor should maintain rationality and restraint, and should not dispose of the debtor's lawful property without authorization, let alone beat or illegally detain the debtor. If repeated reminders are unsuccessful, the creditor should file a lawsuit with the court within the statute of limitations with real evidence.

Not illegal. The exercise of subrogation generally requires the following five legal elements:

1. There must be legal creditor's rights and debts between the creditor and the debtor;

2. The debtor must enjoy the due creditor's rights against the third party, and it must be a right that is not exclusive to the debtor itself;

3. The debtor is negligent in exercising its rights, that is, the debtor can and should exercise its rights when it is due but does not exercise them;

4. The debtor's negligence in exercising its rights makes the creditor's due creditor's claims in danger of not being realized;

5. The scope of the creditor's exercise of the right of subrogation shall not exceed its creditor's rights against the debtor.

Exercising Subject. The subject of subrogation is the creditor. Each creditor of the debtor is entitled to exercise the right of subrogation under the conditions prescribed by law, but if one of the creditors has exercised the right of subrogation in respect of a claim and the debtor's claim against a third party has been exercised, the other creditors cannot exercise the right of subrogation against the debtor of the debtor in respect of that right.

Debt forgiveness. Creditor forgiveness of debts means that the creditor waives his or her creditor's rights, thereby extinguishing contractual relationships and other debt relationships. There are different theories as to the nature of the exemption, one holds that the exemption is a contract. The reasons are:

1. The debt relationship is a specific legal relationship between the creditor and the debtor, which cannot be established solely by the intention of one party.

2. The creditor's forgiveness of the debtor's debt is a favor, and the favor cannot be applied indiscriminately.

3. The creditor may have other motives and purposes for forgiving the debt, and in order to prevent the creditor from abusing the right of exemption to harm the interests of the debtor, the waiver shall be agreed by the debtor.

Another doctrine holds that a discharge is a unilateral act by which a creditor renounces a claim. The reasons are:

1. The exemption gives the debtor a benefit, so there is no need to obtain consent.

2. If the debtor's consent is required for exemption, and if the debtor does not agree, it is equivalent to restricting the disposition of the creditor's rights.

The Contract Law stipulates that: "If the creditor forgives part or all of the debtor's debts, the rights and obligations of the contract shall be partially or completely terminated." Judging from this provision, the exemption provided for in China's Contract Law is a unilateral legal act.

However, the Contract Law does not preclude the creditor from entering into a waiver agreement with the debtor to exempt the debtor from its obligations.

Debt forgiveness.

1. Exemption is an act without cause. Whether the creditor forgives the debt, whether it is for gift, reconciliation, or any other reason, whether these reasons are valid or not does not affect the effect of the discharge.

2. Exemption is gratuitous. The discharge indicates that the creditor has waived the claim and no longer requires the debtor to perform its obligations, so the debtor does not have to pay the corresponding consideration for the release.

3. No specific form is required for exemption. Debt forgiveness does not have to be in a specific form, either orally or in writing, explicit or implicit. For example, if the creditor notifies the debtor orally or in writing that it no longer has to perform the debt, the debt is expressly discharged.

However, if the creditor does not claim the debtor's creditor's rights, the limitation period of litigation exceeds the time limit, which also has the effect of debt forgiveness.

It is natural to repay debts, and the debts owed to him since ancient times often need to be repaid, and even the corresponding interest needs to be repaid, but in modern society, with the increase of the law to protect people's lives and safety, it has caused difficulties for debtors to collect debts, so is it illegal to post debtor information? The following is answered by lawyer Duan Guicheng, I hope it will be helpful to you.

It is not illegal to post information about debtors.

There are two cases:

1. It is not illegal but affects the city's appearance.

If the lawyer's act of assisting the creditor in recovering the debt, only disseminating the debtor's ** and posting notices, and there is no illegal act, it is not an illegal act.

2. Violating the law. When the creditor collects debts, when disseminating the debtor ** and posting notices, there are illegal acts such as insult or defamation, violence, etc., and it needs to bear corresponding legal liabilities according to the actual situation and relevant laws and regulations.

Criminal Law of the People's Republic of China

Article 246:

Where violence or other methods are used to openly insult others or fabricate facts to slander others, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights is to be given.

The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests.

Where the victim complains to the people's court about the conduct provided for in the first paragraph through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.

Article 34 of the Regulations on the Administration of City Appearance and Environmental Sanitation, if there is any of the following acts, the administrative departments of city appearance and environmental sanitation of the city or the units entrusted by it may be given warnings and fines in addition to ordering them to correct illegal acts and take remedial measures

1. Spitting, defecating, littering fruit peels, paper scraps, cigarette butts and other wastes;

2. Scribbling or depicting on urban buildings, facilities and trees, or hanging or posting publicity materials without approval;

3. Stacking or hanging items that obstruct the appearance of the city on the balconies and windows of the street-facing buildings of the streets specified by the urban people;

4. Dumping garbage and feces not in accordance with the prescribed time, place and method;

5. Failure to perform the cleaning and cleaning obligations of the sanitation responsibility area or failure to clean and dispose of garbage and feces in accordance with regulations;

6. Transporting liquid and bulk goods without sealing, bandaging or covering, resulting in leakage or spillage;

7. The construction site facing the street does not set up guardrails or does not cover it, the site is not sorted out in time and covered as necessary, or the site is not cleaned and leveled in time after completion, which affects the city's appearance and environmental sanitation.

This is a normal collection behavior, and people did not beat anyone, nor did they interfere with normal work and life, but it was just a necessary act of informing. In this case, from a legal point of view, there is no illegal act, and if the debtor feels uncomfortable or has no face, he should pay off the debt as soon as possible.

It is illegal for a creditor to post a demand letter on the debtor's door, which leaks personal information and causes unnecessary reputational damage.

It is not illegal, it is normal to collect money, it is recommended to actively negotiate the repayment, and if it is really not negotiable, it will be resolved through litigation.

This shouldn't be illegal, right? The power supply bureau and the water supply bureau all posted the arrears bill on the door, not to mention the one that posted a reminder.

Legal Analysis: It is not illegal for a debt collector to post a collection letter. The use of posting a debt collection letter to collect debts is a kind of private remedy, but it should be noted that the content of the letter should be factual, and there should be no insults and slanders against the debtor.

Legal basis: Civil Code of the People's Republic of China

Article 118:Civil entities enjoy creditor's rights in accordance with law. Creditor's rights are due to contracts, torts, management without cause, unjust enrichment and other provisions of the law, and the right holder requests to specifically define the right of prudent bankers to act or not to do certain acts.

Article 673: If the borrower fails to use the loan in accordance with the agreed purpose of the borrowed amount, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract.