It is clearly stipulated in the civil code that if the collector uses violence or coercion to restrict others' personal freedom or invade others' houses; Threatening, stalking and harassing others are all serious manifestations. However, if the debts collected are illegal debts generated by high-interest loans, the consequences to be faced are: fixed-term imprisonment of not more than three years, criminal detention or control, and a fine or a single fine.
This means that users can protect their rights and interests through law for violent collection, and they need to keep evidence for complaints or alarms for non-compliant behaviors. Of course, it does not mean that the collection behavior is directly prohibited. Take telephone collection as an example. In principle, you can't harass third parties, but in practice, acts such as exploding address books still exist. Therefore, in this process, in addition to retaining evidence, users need to solve the debt problem as soon as possible.
legal ground
People's Republic of China (PRC) Civil Code
Article 675 The borrower shall repay the loan within the agreed time limit. If the term of the loan is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time. Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.
If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free. Article 687 A general suretyship is one in which the parties stipulate in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt.
The guarantor of a general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law, except in one of the following circumstances:
(1) The debtor's whereabouts are unknown and there is no property available for execution;
(2) The people's court has accepted the bankruptcy case of the debtor;
(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;
(4) The Guarantor waives the rights stipulated in this clause in writing.