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Is it legal to ask a debt collection agency to help collect debt?

It is illegal to ask a debt collection agency to help you collect your debt. The state does not allow debt collection companies to exist, and their debt collection activities are illegal.

Debt collection companies undertake power of attorney accounts to collect debts. They have no legal basis and lack the authority and administrative coercion granted by law. Some debt collection companies use threats, intimidation, coaxing, blackmail and other improper means to forcibly collect debts from debtors. Debts, and even kidnapping hostages, engaging in illegal and criminal activities such as violent endangerment of personal safety, in order to collect high rewards.

The existence of debt collection companies not only disrupts the normal production, work and life order of enterprises, institutions and citizens, and endangers social security, but also encourages underground illegal debt collection activities, causing adverse effects on society.

The state has issued bans three times. In 1993, the State Administration for Industry and Commerce issued the "Notice on the Stopping of the Registration of Debt Collection Companies Applied by Agencies Affiliated to the Public Security Bureau, Procuratorate, Legal Affairs Bureau, and Department of Justice".

Clearly require the industrial and commercial administrative agencies at all levels to immediately stop the registration of debt collection companies and similar enterprises applied for by the public security, procuratorate, legal and motor agencies; for those that have already been registered, the industrial and commercial administrative agencies at all levels should Inform them to immediately stop the "debt collection" business.

In 1995, the Ministry of Public Security and the State Administration for Industry and Commerce issued a notice prohibiting any unit or individual from opening a debt collection company. The notice stipulates that the industrial and commercial administration authorities will clean up registered companies that engage in debt collection business and notify them to apply for cancellation or change of registration. If they fail to comply with this notice, their business licenses will be revoked by the industrial and commercial administrative authorities.

In 2000, the above two departments once again banned all types of debt collection companies and prohibited any unit or individual from setting up any form of debt collection company. In 2002, the Trademark Office of the State Administration for Industry and Commerce adjusted the scope of trademark classification registration. Emerging service industries such as "detective companies" and "private bodyguards" have appeared in the newly promulgated "Goods and Service Trademark Registration Division Table", but debt collection companies still Among the prohibited.

Extended information:

Civil disputes over private lending fall within the scope of private debt prosecution, and litigation can be considered to safeguard rights.

When a party files a lawsuit, it must first submit a letter of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated.

The main text of the indictment should state the requested matters, the facts of the prosecution, and the reasons, and the end must be signed or stamped with an official seal.

According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court: Materials concerning the plaintiff's subject qualifications. Such as the originals and copies of resident ID cards, household registers, passports, homecoming certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units acting as plaintiffs should submit copies of business licenses and other materials.

Evidence that substantiates the plaintiff’s claims.

When parties submit documentary evidence to the court, they should fill in two copies of the evidence list, specifying the name and page number of the evidence to be submitted.

The parties concerned should pre-pay the case acceptance fee and other litigation costs within seven days from the date of receipt of the acceptance notice. If there are indeed difficulties, they can apply to this court for a reduction, deferment or exemption of payment within the pre-payment period. If the written application is not submitted within the time limit or the written application is not approved for deferment, reduction or exemption but is still not submitted in advance, this court will rule as automatically withdrawing the case.

After the case filing procedures, the case will be scheduled for hearing by the court.

According to Article 214 of the "Civil Procedure Law of the People's Republic of China", the creditor may request the debtor to pay money or securities if the following conditions are met. The People's Court applies for a payment order: if the creditor and the debtor have no other debt disputes, the payment order can be served on the debtor.

The application shall state the amount of money or securities requested and the facts and evidence on which it is based.

Article 216: After the people's court accepts the application, after reviewing the facts and evidence provided by the creditor, if the relationship between the creditor's rights and the debt is clear and legal, it shall notify the debtor within 15 days from the date of acceptance. Issue a payment order; if the application is unsuccessful, the ruling shall be dismissed.

The debtor shall repay the debt within fifteen 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 any 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 execution.

Article 236: Any legally effective civil judgment or ruling must be fulfilled by the parties concerned. If one party refuses to perform, the other party may apply to the People's Court for enforcement, or the judge may transfer the matter to an execution officer for enforcement.

Mediation letters and other legal documents that should be executed by the people's court must be performed by the parties. If one party refuses to perform, the other party may apply to the People's Court for enforcement.

Article 242: If the person subject to execution fails to perform the obligations specified in the legal document according to the execution notice, the people's court has the right to inquire the relevant units about the deposits, bonds, stocks, fund shares, etc. of the person subject to execution. Property condition.

The people's court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution according to different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform.

When the people's court decides to seize, freeze, transfer or devalue property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.

People's Daily Online-"Debt Collection Company" was eradicated for violently extorting debts