It is a crime to go to the creditor s house to ask for money and not go for a long time

Updated on healthy 2024-08-03
7 answers
  1. Anonymous users2024-02-15

    There are no relevant laws and regulations on this, but it is a crime to go to debt mainly for money, and if you don't leave for a long time and affect the normal life of others, it is a crime.

    If the other party owes money and does not pay it back, you can sue the other party in court and apply for an Alipay order.

    1. If there is an IOU for the arrears, you may apply to the court for a payment order.

    2. Payment order: refers to the legal document made by the people's court in accordance with the law to urge the debtor to make a certain payment obligation according to the application of the creditor.

    A payment order is a legal document issued by the people's court to the debtor for payment of money or valuable within a time limit in accordance with the supervision procedures stipulated in the Civil Procedure Law and according to the application of the creditor. If the creditor refuses to perform its obligations, it may directly apply to the basic people's court with jurisdiction to issue a payment order to notify the debtor to perform its debts. If the debtor does not raise an objection and fails to perform the payment order within 15 days from the date of receipt of the payment order, the creditor may directly apply to the people's court for compulsory enforcement.

    The following conditions must be met in order to apply for a payment order:

    1. Request the debtor to pay money or value**;

    2. The money or value requested to be paid has expired and the amount has been determined, and the facts and evidence on which the request is based are clearly stated;

    3. The creditor and the debtor have no other debt disputes;

    4. The payment order can be served on the debtor.

    After the creditor submits the application, the court shall notify it within five days whether it will accept the application. After accepting the application, the court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the creditor's rights and debts are clear and legal; If the application is not sustained, a ruling shall be made to reject the application, and the ruling shall not be appealed.

    Applying for a payment order does not have to go through a court process, so it is fast and convenient.

  2. Anonymous users2024-02-14

    Hello. It is illegal to affect the normal life of the debtor. There is no limit to the length of time.

    If there is a debt dispute, it should be handled in accordance with the law and sued in the court to settle it, and it is not recommended to collect debts in this way.

  3. Anonymous users2024-02-13

    Asking for debts from debtors is not illegal in itself, but only a means of collecting debts.

    However, if some radical actions are taken in the process of door-to-door debt collection, such as illegally searching another person's body or home, or illegally trespassing into another person's home, he may be suspected of the crime of illegal search, illegal home invasion and other crimes.

    If the debtor fails to repay the money after the expiration of the time limit, the creditor may file a lawsuit with the court within three years with the identity card, the complaint, a copy and an IOU, and other evidence that can prove the existence of a creditor's rights and debts between the two parties. After the court makes a judgment to repay the money, if the other party still does not execute, the creditor can also apply to the court for enforcement within two years.

    Legal basis] Article 123 of the Civil Procedure Law, the people's courts shall protect the right of the parties to sue in accordance with the provisions of law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.

  4. Anonymous users2024-02-12

    Hello, it's against the law. If the creditor hits the debtor after collecting the debt, the creditor's behavior is illegal, but the creditor is not exempted from the responsibility of paying off the debt, and the creditor must compensate the debtor, but the debtor must also pay off the debt.

  5. Anonymous users2024-02-11

    Creditor's door-to-door collection is a statutory civil legal act for creditors to claim creditor's rights against the debtor, and it is an act for creditors to exercise their legitimate civil rights. However, creditors should pay attention to protecting their legitimate rights and interests and avoid violating the Public Security Administration Penalty Law. After entering the house, they physically assault the residents, causing some harm; destroying housing property, causing serious damage, or causing major economic losses; Acts such as illegally coercing residents or illegally restricting residents' personal freedom are illegal acts.

    Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 40: Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days, and shall also be fined between 500 and 1,000 yuan; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB: 1. Organizing, coercing, or enticing persons under the age of 16 to accept codes, or persons with disabilities to perform terrorist or cruel performances; 2. Forcing others to work by violence, threats or other means; 3. Illegally restricting the personal freedom of others, illegally invading others' homes, or illegally searching others' bodies.

  6. Anonymous users2024-02-10

    Legal analysis: It is not illegal for a creditor to come to collect debts in accordance with the law, but if the debt is collected by violent means such as illegally invading the debtor's home or illegally detaining the debtor, it is an illegal and criminal act.

    Legal basis: Article 238 of the Criminal Law of the People's Republic of China: Whoever illegally detains another person or illegally deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

    Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.

    Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.

    Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

  7. Anonymous users2024-02-09

    It is illegal to live in the creditor's house to collect debts, the act may be suspected of illegal invasion of other people's homes, which is a tortious act, in violation of the law, if you want to realize your own creditor's rights, you should go through legitimate and legal channels, if the debtor does not perform the due debts as agreed, the creditor can file a lawsuit against the file.

    What evidence to collect in a debt collection court prosecution:

    a) IOUs. Generally speaking, the strongest evidence used to collect debts is the IOU, which is the signature of the borrower and is very effective as documentary evidence.

    2) Personal witnesses. During the trial of the case, the other party can 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. According to the provisions of the Civil Code, the debtor's actions that can be revoked by the creditor:

    The first is the act of waiving the due creditor's rights;

    the second is the act of transferring property without compensation;

    The third is the act of transferring property at an obviously unreasonable low price.

    In order to avoid the situation where the property cannot be recovered, it is necessary to collect evidence of the transfer of property by the other party to exercise the right of revocation.

    Legal basis

    Article 577 of the Civil Code.

    If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

    Article 578.

    If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request or call it to bear liability for breach of contract before the expiration of the performance period.

    Law of the People's Republic of China on Public Security Administration Punishments

    Article 40: Those who commit any of the following acts are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained for between 5 and 10 days and fined between 200 and 500 RMB

    1) Organizing, coercing, or enticing persons under the age of 16 or persons with disabilities to perform terrorist or cruel performances;

    2) Forcing others to work by violence, threats, or other means;

    3) Unlawfully restricting the physical liberty of others, illegally trespassing into others' homes, or illegally searching others' bodies.

    Criminal Law of the People's Republic of China

    Article 245 [Crime of Illegal Search] [Crime of Illegal Invasion of Residence] Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years 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.

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