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As long as there is violence or harassment of others through malicious text messages, which affects the normal life of others, it is illegal, and the creditor shall adopt reasonable and legal methods to realize the creditor's rights, such as negotiation, mediation, arbitration or direct litigation.
Article 122 of the Civil Procedure Law must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific claims for defamation and facts and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit. Article 123:Prosecutions shall be submitted to the people's courts, and copies shall be submitted in accordance with the number of defendants.
Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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Legal Analysis: Not necessarily. Whether or not to bear legal responsibility for scolding loan collection depends on the circumstances of the scolding, and if it is a public insult to the loan collector, it may violate the Public Security Administration Punishment Law.
Those who commit any of the following acts are to be detained for up to 5 days or fined up to 500 RMB, and where the fine is heavier, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB:
1) Writing threatening letters or otherwise threatening the physical safety of others, (2) Publicly insulting others or fabricating facts to slander others.
Legal basis: Article 246 of the Criminal Law of the People's Republic of China: Whoever publicly insults others or fabricates facts to slander others by violence or other means, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights.
The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests.
Where the victim complains to the people's court about the conduct provided for in the first paragraph through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.
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Legal analysis: Malicious collection in the form of violent collection, household collection, intimidation collection and other forms of illegal collection.
Legal basis: Article 293-1 of the Criminal Law of the People's Republic of China In any of the following circumstances, the collection of illegal debts arising from usurious lending and so forth, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years of land, short-term detention or controlled release, and/or a fine:
1) The use of violence or coercion;
2) Restricting the personal freedom of others or encroaching on Zheng Qing into another person's residence;
3) Intimidating, stalking, or harassing others.
They can all complete a loan task, through borrowing and then repaying, but there is a certain amount of interest, if they are not repaid within the time limit, they should be sued, but some people say that they will receive malicious collection information, is it really so scary? In fact, the relevant lending business in Alipay has such malicious collection behavior. <> >>>More