How is it not illegal to ask for debts? How to collect debts without breaking the law?

Asking a lawyer to assist in debt collection can play a role in urging and urging and can also play a staff role, and lawyers generally do not touch the bottom line of the law when asking for debts.

If you rely on the original IOU to collect debts, of course, it is not illegal, and there must be no violations of the law, violent means.

Collect through formal channels.

Clause. 1. There must be proof of the existence of the debt relationship. Generally speaking, things like IOUs, terms of the contract in the contract, delivery lists, receipts, bank records, etc., can be used as proof of the existence of the debt.

Clause. 2. There must be clear information about the debtor. Nowadays, it is very common for companies to divide and merge, and many companies take the opportunity of division or merger to change their name and domicile, so that the original creditors cannot find themselves and escape their debts.

Clause. 3. There must be a list of the debtor's assets available for enforcement. Many debtors often use the excuse that they have no money to repay their debts, when in fact many debtors have hidden assets.

Clause. Fourth, it is necessary to pay attention to the provisions of the statute of limitations. China's current law stipulates that the statute of limitations for ordinary civil rights is two years, calculated from the time when you know or should know that your rights have been infringed. In the case of debt, it is two years from the time when the debt is due and the other party refuses to pay it.

If you want to collect debts legally, you can do the following:

1. If the debtor is temporarily unable to repay the debt but has the sincerity to repay the debt, the creditor may negotiate with the debtor on the period, method and amount of the debt to be performed, and urge the debtor to perform the debt or sign a repayment agreement.

2. The creditor may submit a written application for mediation to the local people's mediation committee, and reach an agreement through mediation.

3. Debts can be collected through arbitration.

4. The creditor may apply to the court for a payment order, and if the debtor does not consciously perform its obligations within the specified date and does not raise a written objection, the creditor may apply to the people's court for compulsory enforcement.

5. The creditor can file a lawsuit with the court, and if the other party still does not repay the loan after winning the lawsuit, it can apply for compulsory enforcement.

Legal basis: According to the relevant provisions of the General Provisions of the Civil Law of the People's Republic of China, the statute of limitations for filing a request to the people's court for protection of civil rights is 3 years, and the statute of limitations period is calculated from the time when you know or should know that your rights have been infringed.

It is not illegal to go to the debtor's house to ask for a debt. However, if the debtor illegally invades the debtor's home, it is an illegal act, and if the circumstances are serious, it may also constitute the crime of trespassing into the house.

The crime of illegal assault and erection of a dwelling refers to the act of entering a citizen's house against the will of the members of the house or without a legal basis, or refusing to leave the house after entering the citizen's house after being asked to do so.

where the crime is constituted, the perpetrator is generally sentenced to up to three years imprisonment or short-term detention.

Legal Analysis: Debt collection has always been unlawful. The creditor has the right to demand that the debtor perform the debt, as long as the debt is not collected by violent means, it is not a crime. If the other party does not repay the money, you can collect evidence and go to the court to sue the other party to repay the money.

Legal basis: Article 579 of the Civil Code of the People's Republic of China: If one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

Summary. 1. Debt collection skills - understand the debtor's business situation.

Obtain as comprehensive a comprehensive understanding of the debtor's business situation as possible: including the purchase cycle and the settlement cycle. The key is that you get your receivables one step ahead of other businesses every time.

Because most people's capital turnover is not very relaxed, you can squeeze into the first train, and the business personnel of other companies can only wait for the next bus.

2. Debt collection skills - looking for a third-party guarantee.

The company can require your customer to find a third party (or superior unit) guarantee before the payment with you, and it is best that the guarantee can be accompanied by the corresponding notarization procedures. By doing so, you will at least be able to find a corresponding creditor in the event of a payment dispute in the future. At the same time, this is also a binding behavior for the customers themselves.

3. Debt collection skills - collection in advance.

For those who do not pay for the goods, if they only go to the agreed collection date, they will not receive the payment under normal circumstances, and they must collect it in advance. When you go to collect in advance, you should confirm the amount owed by the other party, and tell him that he must come on time on the next collection day, and ask him to prepare the money in advance. Doing so must be much more effective than collecting on the day of collection.

If the distance is far away, you can collect in advance to confirm the amount owed by the other party, and inform the payee of the exact time of arrival. Or mail the demand note to the other party and ask him to sign it for confirmation before sending it back.

How to collect debts without breaking the law.

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1. Debt collection skills - understand the debtor's business situation as comprehensively as possible: including the purchase cycle and settlement cycle. The key is that you get your receivables one step ahead of other businesses every time.

Because most people's capital turnover is not very relaxed, you can squeeze into the first train, and the business personnel of other companies can only wait for the next bus. 2. Debt collection skills - looking for a third-party guarantee enterprise can require your customers to find a third-party (or superior unit) guarantee before the payment with you, and it is best to send a guarantee to be accompanied by the corresponding notarization procedures. By doing so, you will at least be able to find a corresponding creditor in the event of a payment dispute in the future.

At the same time, this is also a dusty restraint behavior for the customers themselves. 3. Debt collection skills - pre-collection for people who do not pay for the goods, if they only go to the agreed collection date, they will generally not receive the payment, and they must be collected in advance. When you go to collect in advance, you should confirm the amount owed by the other party, and tell him that he must come on time on the next collection day, and ask him to prepare the money in advance.

Doing so must be much more effective than collecting on the day of collection. If the distance is far away, you can confirm the amount owed by the other party through ** collection in advance, and inform the payee of the exact time of coming. Or mail the demand note to the other party and ask him to sign it for confirmation before sending it back.