It is only natural to repay debts. But how to get the debtor to repay the money has become a difficult problem for almost everyone.
In his communication with customers and fans, Brother Mata also found that many creditors have won lawsuits, but lost money, and they have never wanted to return their debts. Therefore, many people say that they want to find friends or social organizations for help, and use inquiries, followers, verbal intimidation, etc., to deter the old people who have borrowed money and do not repay it, so as to force the other party to repay the debt.
However, most people do not know that with the continuous improvement of the mainland's legal system, the so-called non-violent follow-up, inquiry and other non-governmental debt collection methods are actually illegal. It's not that as long as you don't do it, you can legally defend your rights and interests.
Now, based on a few real cases, Brother Mata will tell you what kind of result will be obtained in the end by asking friends or social organizations to help collect debts? Where is the red line of the law? How can we get back the arrears that belong to us in a legal and compliant way?
Friends who haven't followed Brother Mata can like and follow Brother Mata. If you have a loan dispute with an amount of more than 1 million, and the appellate court is in Chengdu, then you can tell your story to Brother Mata, and it may be able to help you.
1. Violent collection
When the court's judgment and enforcement cannot have the desired effect, many people hope to deter the debtor in a more direct way, so as to achieve the purpose of getting back their own arrears. However, they did not expect that once the creditor acted excessively, he would face punishments such as detention and imprisonment, and the gains would outweigh the losses.
In August 2022, in Xingan County, Jiangxi Province, in order to be able to get back the arrears that belong to them, the creditor decided to give the debtor some "color" to see.
Defendants Huang and Li (who were undergoing compulsory drug rehabilitation during the trial of this case and did not arrive at the case), You (who were fugitives during the trial of this case), Liao and others sang at a KTV in Xingan County, and Liao invited Xie to get up and sit down. But Xie didn't know that this was a "game" against him.
After Xie arrived at the KTV, Li asked Xie to return the money, and for this reason, the two had a fierce quarrel. Li slapped Xie a few times with his hand when he was emotional, and clamped Xie's neck with his right hand. At this time, not only did the people around them not stop after seeing it, but Huang and You also kicked Xie a few times.
Finally, under the persuasion of the KTV staff, several people were ready to go outside to talk about repaying the money. Xie refused to go out, and Li, Huang, and You finally chose to raise their hands and feet and forcibly take Xie out of the box. During this period, Xie still refused to cooperate, so Li slapped Xie a few times and asked him to be honest.
After getting out of the KTV, Huang, Li, and You took Xie to a road in Yaoxiang Village, Linjiang Town, Zhangshu City, and then got out of the car. But after Xie made a few phone calls, he didn't borrow any money.
In order to intimidate the debtor, Li also took out a black steel pipe with a blade inside the car to scare Xie, and after inserting the blade into the steel pipe, he used the steel pipe to smash Xie's legs, arms and other parts. At this time, Huang and You were pulling Xie's pants, hands and other parts to prevent him from moving.
Later, Xie took advantage of the fact that Li and the three of them broke free from control and ran into the rice field, and finally managed to escape. After calling the police, Huang truthfully confessed the facts of his crime, compensated the victim for the losses and obtained forgiveness, and was finally sentenced to six months in prison. And Li and Liao are either not in the case or are at large.
What awaits Li and Liao will be more serious punishment and compensation.
In this way, the creditor who was originally protected by the law ended up not only not getting the debt back because of the wrong debt collection method, but also had to compensate the debtor, and even more to accept criminal punishment. If the creditor does not use this violent collection method, but uses "soft violence", will it still be punished?
2. "Soft violence" collection
Since direct violent collection not only fails to achieve the goal of recovering debts, but also faces civil compensation and criminal sentences, is it okay to only follow and pull banners?
Recently, the Hesha Police Station of the Chuanshan District Bureau in Suining City, Sichuan Province, investigated and dealt with a case of picking quarrels and provoking troubles due to debt collection, and the offender was administratively detained by the public security organs in accordance with the law.
It turned out that in November 2023, when Tao, a local citizen, was working in Chengdu, he borrowed 10,000 yuan from Chen, a citizen of Neijiang City. After the Chinese New Year, Tao repaid part of the money to Chen, but the rest of the money was not repaid at the agreed time. So Chen asked Tao many times, but to no avail, Chen drove to the door of Tao's parents' house (Tao was not at home).
Perhaps Chen knew the consequences of violent collection, so he used a loudspeaker to repeatedly shout for debts, parked vehicles with debt collection banners, underworld houses, and wreaths outside Tao's parents' house, and played mourning music and set off firecrackers to collect debts. Trying to use such social pressure to force Tao or Tao's family to help repay the debt.
On the same day, after the police came, considering that there was no direct conflict between the two sides, the police persuaded Chen to return after informing him of the relevant laws and regulations. But what he didn't expect was that Chen came to Tao's parents' house early the next morning to collect debts in the same way, and had a conflict with Tao's family.
In the end, Chen violated the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China", which was an illegal act of picking quarrels and provoking trouble. was administratively detained by the police in accordance with the law, and if Chen repeatedly recidivised and the conflict escalated, he would likely eventually face criminal punishment.
In other words, even if Chen used non-strong violence to collect debts, he would be stopped by the public security organs, and serious and unrelenting collectors would have to bear certain penalties.
Is it okay to just go to the debtor's house and sit with him every day?
3. Criminal acts
In the process of collection, we are likely to commit the crimes of infringing on citizens' personal information, illegal detention, intentional injury, illegal home invasion, gathering a crowd to disrupt social order, intentional destruction of property, forced transactions, etc.
For example, just following this act may lead to crimes such as trespassing into a home and gathering a crowd to disrupt social order, not to mention that in the act of following, it is likely that violent beatings and other acts will occur due to verbal conflicts, and in the end, the creditor will not only fail to collect the debt, but also face certain punishments.
Therefore, we must adopt a legal and compliant approach in debt collection. For example, the debtor is detained through the enforcement police, or the debtor is imprisoned through public prosecution or private prosecution. Through legal and compliant methods, the deterrent effect of the law is used to force debtors to repay.
Only legal compliance is the most correct way to collect debts!
Finally, it may be helpful to provide a solution for friends who are really desperate, that is, if the court of appeal is in Chengdu, and the amount owed by the other party exceeds 1 million, and the application for enforcement has been more than 3 years, but there is still no effect. Brother Ma suggested that you can tell the story to Brother Ma and teach you to subdue the old man.
In addition, it should be reaffirmed that the courts are a place where legal fairness and justice are demonstrated, and the Court Enforcement Directorate is also faced with the reality of insufficient manpower. Therefore, if you simply hope that the court can complete everything except your appeal and help you successfully get the debt, you must be prepared for the possibility of failure.
All debtors must remember that it is not only the responsibility of the court but also the responsibility of the creditor to recover the debt. If the creditors don't take the initiative, who will take the initiative to help you? The litigation fees and compulsory fees collected by the court are not used as fees for market transactions. So, everyone must understand!
Finally, friends who haven't followed Mata Brother yet, you can quickly follow Mata Ge!