Can a creditor claim a debt by staying in the debtor s home?

Living in the debtor's home without the debtor's consent is an illegal invasion of a dwelling, and where the crime of trespassing is constituted, a sentence of up to three years imprisonment or short-term detention is to be given.

Creditor's rights and debts are civil legal relations, which should be resolved through legal means such as litigation, and illegal debt collection will be punished by law. Citizens' lawful property is protected by law, and any organization or individual is prohibited from encroaching, looting, destroying, or illegally sealing, seizing, freezing, or confiscating it.

If the debtor refuses to repay the money, the creditor may bring the identity card, the complaint and its copy and the IOU and other evidence that can prove the existence of the creditor's rights and debts between the two parties to the court, or apply to the court for a payment order to settle the matter.

The court orders the other party to repay the money, and if the other party still does not pay, the creditor can also settle the matter by applying for enforcement. However, it is not allowed to illegally ask for debts.

Legal basis] Article 216 of the Civil Procedure Law, after accepting the application, the people's 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 it.

The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Legal analysis: It is not illegal for a creditor to go to the debtor's home to collect debts, but it must be carried out in a reasonable manner on the premise of reasonable debt collection. If the creditor adopts drastic measures, such as threatening, intimidating or rallying others to stay in the debtor's home, etc., it may violate the Public Security Administration Punishment Law and be punished by the public security administration of Dou Lishan; In the worst case, they may be suspected of committing a crime and will be investigated for criminal responsibility in accordance with the law.

Once the debtor encounters the above situation, it can report to the police to protect its personal safety and legitimate rights and interests.

Legal basis: Article 245 of the "Criminal Air Law of the People's Republic of China" 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. Judicial personnel who abuse their power and commit the crimes described in the preceding paragraph are to be given a heavier punishment.

It is legal for a creditor to go to the debtor's home to collect debts, but there must be no violence, threats or interference with the normal life of others, otherwise they should bear the corresponding legal responsibility. Creditors should adopt reasonable and lawful methods to realize their creditor's rights, such as negotiation, settlement of the creditor's rights, arbitration or litigation.

Article 535 of the Civil Code of the People's Republic of China Where the debtor's negligence in exercising its creditor's rights or subordinate rights related to the creditor's rights affects the realization of the creditor's due creditor's rights, the creditor may request the people's court to subrogate the debtor's rights against the counterparty in its own name, except that such rights are exclusive to the debtor itself. The scope of the exercise of the right of subrogation is limited to the creditor's due claims. The necessary expenses for the creditor to exercise the right of subrogation shall be borne by the debtor.

The counterparty's defense against the debtor may be asserted against the creditor.

It is legal for a creditor to go to the debtor's home to collect debts, but there must be no violence, threats or interference with the normal life of others, otherwise he shall bear the corresponding legal responsibility. Creditors should take reasonable and legal measures to realize their debts, such as negotiation, mediation, arbitration or litigation.