Is it illegal to wait for the money to not go away at the creditor s house?

Updated on parenting 2024-08-03
6 answers
  1. Anonymous users2024-02-15

    Illegal. If the debtor does not let you stay in the house and drives you away, then it is suspected of a public security violation, serious or even a criminal offense.

    What did the upstairs say to let the police come and let the police mediate, this is wrong, our public security organs don't care about your civil debt dispute.

    Citizens' homes are protected by law, so forcibly breaking into the debtor's home to collect debts without the debtor's consent is an illegal act, and the circumstances are serious and will constitute a crime.

    Public Security Administration Punishment Law

    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.

    Article 245 of the Criminal Law [Crime of Illegal Search] [Crime of Illegal Invasion of Residence] Whoever illegally searches the body or residence of another person, 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.

    It is a matter of course for creditors to collect creditor's rights, but creditors should pay attention to the methods of recovering creditor's rights, and if they recover their debts through violent means, it is an illegal and criminal act and must bear legal responsibility.

  2. Anonymous users2024-02-14

    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.

  3. Anonymous users2024-02-13

    Breaking the law and trespassing into a private house, the other party can call 110 to drive away, and after coming, it is just right for the police to mediate.

  4. Anonymous users2024-02-12

    Legal Analysis: It is illegal to rely on the debtor's family and not to leave.

    Legal basis: According to article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches the body or residence of another person, 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.

  5. Anonymous users2024-02-11

    Legal Analysis: It is illegal to rely on the debtor's family and not to leave. This kind of door-to-door debt collection behavior is an act of entering another person's house without the permission of the right holder, which is an act of violating the Constitution and the Public Security Administration Law, and shall be punished by public security to a certain extent.

    Legal basis: Article 245 of the Criminal 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, is to be sentenced to up to three years imprisonment 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.

  6. Anonymous users2024-02-10

    It is a crime for a creditor to stay at home and not leave. If they endanger the personal safety of others or interfere with the normal lives of others, the public security organs may impose a public security penalty of detention or a fine on them; If the offence of trespassing is constituted, a penalty shall be imposed on the circumference.

    Article 245 of the Criminal Law Whoever illegally searches another person's body or residence, or illegally trespasses into another person's residence, is to be sentenced to up to three years imprisonment 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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