However, the following methods are illegal:
1, illegal detention
The crime of illegal detention refers to the criminal act of illegally depriving others of their personal freedom by detention, confinement or other compulsory means. According to Article 238 of the Criminal Law, whoever constitutes the crime of illegal detention shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment.
In the process of debt collection, the debtor's personal freedom is forcibly restricted from time to time. Article 238 of the Criminal Law clearly stipulates that illegal seizure or detention of others for debt collection constitutes this crime.
2, illegal intrusion into the house
The crime of embezzlement refers to the act of entering other people's houses without the consent of the house owner, or refusing to quit after the request of the house owner. According to Article 245 of the Criminal Law, anyone who illegally invades another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
3. Black-related debt collection
Black-related debt evasion is mainly the creditor's debt collection through the underworld, which is divided into two situations: First, the creditor itself is a member of the underworld. Secondly, creditors collect debts through the underworld (such as debt collection companies involving the underworld).
Legal basis: Article 1 19 of the Civil Procedure Law.
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
First of all, it must be affirmed, but because credit cards are overdue, door-to-door customers are generally third-party outsourcing collection companies. Except for some local banks, banks usually collect the entrustment certificates from three parties to facilitate home visits. However, the three-party collection does not belong to the bank, so once there is a problem, the bank will generally not handle it.
In fact, door-to-door collection is a normal procedure in overdue credit card collection. If the other party does not violate the rules, it does not constitute responsibility.
After the credit card expires, banks have different requirements for home visits. For example, some banks require credit cards to be overdue for more than 20 thousand, and some banks require that they must come to the door as long as the credit cards are overdue. Coupled with the impact of the current epidemic, the number of overdue credit cards has increased, and banks have higher requirements for collection. Due to the pressure of the bank, it is natural to adopt various collection methods, especially the most effective door-to-door collection, to put pressure on the debtor, thus accelerating the debtor's repayment.
In fact, to get back to the topic, instead of thinking about how to avoid collection, it is better to increase your income, face the debt seriously and actively, re-integrate the overall debt of the credit card, pay off the debt as soon as possible after the installment, and keep your life away from the painful days of debt and collection.
The credit card has expired. What should I do if I really can't afford it?
First, don't lose contact, don't lose contact, don't lose contact;
Second, in the face of collection calls, we must actively answer them and be friendly, even if we don't pay them back for the time being, we must show a positive willingness to repay them;
Third, take the initiative to communicate with the bank to explain the situation and negotiate feasible repayment methods. Banks generally have a policy of interest reduction and exemption. If you are really unable to repay during the negotiation, you can try to explain the situation, apply for interest reduction and exemption, and only repay the principal, and the principal can also be repaid in installments (of course, this decision is mainly in the hands of the bank, and it is one thing for the bank to give it to you, but you must try your best to fight for it);