Is it illegal to ask for money from a debtor, and is it illegal to go to the home of a debtor to ask

1. Have you been following others to break the law when collecting debts?

If someone owes money, it is not illegal to ask him for it all the time. But the nasty way must not be excessive, and there must be no violence. It is not illegal to collect one's own debts, but it is illegal to cause harm to the debtor.

Article 37 of the Constitution.

The personal freedom of citizens of the People's Republic of China is inviolable. No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs. It is forbidden to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body.

2. How to sue if there is an IOU but the debtor does not repay the loan.

If you are going to file a lawsuit in court, then the first thing to prepare is the litigation materials, and the evidence that plays a decisive role in the litigation is the evidence. In order to realize the claim, it is advisable to gather the following evidence:

1) IOUs, generally speaking, the most powerful evidence used for debt collection is IOUs, which come from the hands of the borrower and have the signature of the other party, as documentary evidence, and are extremely effective.

2) Witnesses: During the trial of a case, the other party may cross-examine its own evidence, and in order to ensure the sufficiency and foolproofness of the evidence, it is essential to find witnesses. If there are other people present to witness the loan, then these people can be found to prove the claim.

3) Evidence of the other party's property. The ultimate goal of litigation is to get the money lent out, but many people will transfer their property elsewhere in order to avoid debts.

Not illegal....As long as you don't do anything and don't scare people...It's okay to go and ask for it....Some of them are beating people and scaring people, and if you follow them, you will break the law if you don't do anything, and now! Can't go along....

If the other party borrows money and does not pay it back, it is illegal first.

Legal analysis: If you use legal means to enter the debtor's home, and there is no illegal act, you are not breaking the law. If the debtor repays the money beyond the agreed period, it can claim corresponding interest compensation. Regardless of whether there is an IOU or not, it is not illegal to collect debts, it is a legal act.

Legal basis: Article 412 of the Civil Code of the People's Republic of China Where the debtor fails to perform the debts due or the parties agree to realize the mortgage right, resulting in the mortgaged property being seized by the people's court in accordance with law, the mortgagee shall have the right to receive the natural fruits or legal fruits of the mortgaged property from the date of seizure, except where the mortgagee fails to notify the person obligated to pay off the statutory fruits.

Legal analysis: The way of claiming money by following and following the debtor may be suspected of infringing on the personal legal rights of others, and it is not recommended to consider this kind of behavior. The parties may file a civil lawsuit to protect their rights and request the court to order the other party to bear the corresponding liability for payment.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

If the debtor refuses to repay the money after the people's court has made a judgment, he may be sentenced and punished in accordance with the provisions of the crime of refusing to perform the judgment and ruling. The Criminal Law stipulates that a person who refuses to enforce a judgment or ruling of a people's court if he has the ability to do so, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, a concurrent sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Article 410 of the Civil Code provides that if the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the mortgagee may agree with the mortgagor to be compensated in priority with the price obtained from the discount of the mortgaged property or the price obtained from the auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, the other creditors may request the people's court to revoke the agreement. If the mortgagee and the mortgagor fail to reach an agreement on the way to realize the mortgage, the mortgagee may request the people's court to auction or sell the property that has been mortgaged.

If the mortgaged property is discounted or sold, it shall refer to the market**.

Legal analysis: The way of claiming money by following and following the debtor may be suspected of infringing on the personal legal rights of others, and it is not recommended to consider this kind of behavior. The parties may protect their rights by filing a civil lawsuit and request the Court of Law to order the other party to bear the corresponding payment liability.

Legal basis: Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought between citizens, legal persons, and other organizations, as well as between them due to property and personal relationships.