Debt collection protection

Protection against debt collection. What can we recommend with an eye to practice?
  Debts are not always bad and such a bunch of terms are not always the case when “debt” is in combination with “protection.”
  Any person has a lot of debt everyday and everyday. Something is paid according to the principle: "Money - forward." Some goods and services are provided before payment, and the money is paid by the person upon receipt. That is, upon receiving some material benefits - a debt arises, which must be repaid in order to restore the status quo. For example, debt for an apartment.
  There are specific payments, such as taxes, which are paid not in exchange for any material wealth, as mentioned above, but because it is prescribed by law. But as they say - such is the law.
  In most cases, there is a fixed time limit for paying the debt. With this in mind, debts are divided into those that are paid on time and overdue. Actually, the term “debt” is more applicable to the latter.
  To recover from you such overdue debt, the opponent has the right to use all legal means. For example, go to court, and if it is established by law, then to other competent authorities. Require sanctions, fines and other liability to you.
  But it happens that your opponent’s use of all the tools to return the debt is not enough. The reason is often commonplace. You have no money or property, or it is not enough. Proceeding from this, there are no sources at the expense of which debt repayment is possible.
   This debt is called problem debt. How does the work with such a debt go on in practice and why did we decide to devote this article to this issue?
  Then in this seemingly stalemate, a so-called collector appears.

What is a collector?
  A collector is a kind of financial institution whose goal is to work with problem debts.
  For example, you received a loan from a bank (that is, you received a blessing in the form of money, in exchange for an obligation to repay them in the future, but in greater quantities). Then the loan was not returned, the bank won all the courts, found out that you do not have property. There is a pause, after which a collector calls and comes to you. How does it work, against the background that all legal ways to repay the debt have been exhausted?
  The labor collective of the collector consists mostly of former law enforcement officers and law enforcement agencies, who have a number of practical skills to communicate with people. These skills allow (after a comprehensive study of a person, his household, labor problems) to have an effective psychological impact on the debtor, whose goal is to get money.
  In other words, the problem debtor should form his internal decision that finding the money and repaying debt for him personally is less evil than the process of experiencing psychological pressure from the collector.
   Protection at this stage. When communicating with collector representatives, you need to collect as much information as possible about your opponent:

  • • This is a company or a group of individuals (simply bandit formation);
  • • The main activity of the company (this is a financial institution or not);
  • • Is there a license for financial transactions.

According to the results of the collection of information, you must contact the police to determine the legality of the existence and activities of the collector.

How does debt flow into the collector?
  As a rule, a contract of assignment of right of claim is concluded between the bank and the collector. According to the meaning of this agreement, the side of the creditor changes with the immutability of the debtor’s person. What is the mutual benefit of the parties? In the discount. The bank sells debts much lower than the nominal value, and the collector expects to knock out the entire amount.
   Protection in this part can be expressed in the following actions:

  • • It is necessary to figure out whether such a contract exists (if your opponent does not provide it - again to go to the police)
  • • Try to challenge this contract, through the court

For example, there are provisions of the law that state that only assignment of debts of companies and FOPs is legal. However, judicial practice is ambiguous.
  Opponents may not even have information about the details of your contract. Then such persons may be ordinary fraudsters.

What are the collector’s working methods?
  So, what steps will be taken if all legitimate ways to get debt are exhausted? There are usually three methods:
  1. Phone Calls . The conversation may not be limited to psychological impact. This may be intimidation, threats of bodily harm, injury, reprisals, both to the debtor and to his relatives. These could be threats of possible criminal liability.
  2. Dissemination of information about you and your relatives. It can be not only the dissemination of information on problem debt. This may be negative information collected about your relatives (for example, about drug addiction of a family member, his alcoholism, undergoing treatment for a sexually transmitted disease).
  3. Physical contact . This may be a departure from the place of residence or a meeting on the way, for example, from the place of work at the place of residence. Such a departure may be accompanied by both the above threats and physical violence.
  It is clear to any average person that all these methods are illegal, because within the framework of the law, only the following algorithm is possible:

  • • Pre-trial correspondence;
  • • Getting a positive decision of the court;
  • • His compulsory execution by a state executive.

And all of the above are illegal actions for which the law provides for appropriate liability.
   How can you resist?
  It is necessary again to collect information about the visitors:

  • • Full name;
  • • Information on identity documents;
  • • Belonging to the collector and information about it;
  • • The nature of the affiliation (employment or contractual relationship), etc.

Photo and video fixing will not be superfluous.
  According to the results of information gathering, it is necessary to contact law enforcement agencies. If desired, the same police authorities can easily prove in the actions of your opponents the composition of such a crime as extortion, accompanied by threats or physical violence.

Do you have problems with debts and your creditors?
  You have nothing to repay, and you are besieged from all sides?
  Do you receive systematic threats, and from time to time do a group of people come to you and ring the doorbell?   Contact our law firm! We, our experts will accompany you at all stages of this procedure and achieve a positive result!

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