(1) The dunning company is legally established in accordance with national laws;
(2) When the dunning company collects debts, it shall abide by the provisions of relevant national laws and regulations, and shall not collect debts by violence.
At present, registered "debt collection companies" generally handle subordinated debts in the name of credit reporting companies, which is a legal transfer of creditor's rights and is legal. Generally speaking, they are not called debt collection, but called "commercial account collection", and the person entrusted to help collect debts is the "commercial account collector". But if the means are illegal, they will be punished.
The conditions for legal debt collection are as follows:
1, there must be evidence to prove the existence of debt relationship. IOUs, transaction contracts, bills of lading, receipts, bank records, audio-visual materials, etc. Can be used as evidence to prove the existence of debt relationship;
2. Have the minimum information of the debtor. At present, the separation and merger between companies are very common, and many companies change their names and residences by the opportunity of separation and merger, so that creditors can't find them, thus avoiding debts;
3. There must be enforceable clues about the debtor's property interests;
4. Pay attention to the provisions of the statute of limitations, and make and save the evidence of the interruption of the statute of limitations.
A dunning company is legal as long as it is established according to law. It is illegal to collect debts if the dunning company has the following collection methods:
1, insulting others. Physical conflicts caused by abusive behavior are common, so in the process of collection, both parties try to remain calm and avoid further conflicts;
2. detention. When you don't pay your debts, you may even commit the crime of illegal detention that restricts your personal freedom. The law protects citizens' legitimate property, but it is never allowed to protect it in an illegal way;
3. Physical conflict. Generally, payment is made face to face. When you find that the other party has physical conflicts, try to avoid them. It is illegal for the collector to use violence or the customer to use violence without justifiable reasons;
4. Sell customers' property and collect customers' cash. In the process of collection, whatever has certain economic value, whether it is the trailer or the customer's property, needs to be reported to the company, waiting for the implementation of the disposal plan negotiated by the customer. Property shall not be disposed of at will without the consent of the customer. Taking customers' cash privately may lead to duty crimes, and it is also forbidden to sell customers' property and take customers' cash;
5. Entering the customer's home without permission. Relevant laws stipulate that citizens' homes are inviolable. The residence is the residence of citizens, and the door-to-door collection personnel should get permission to enter the customer's home so as not to infringe on others' residence. Forced entry may violate the law and may also lead to property disputes;
6. Disseminate customer information. Customer information is private. Spreading customers' information through the internet and other means infringes on customers' privacy, which is not allowed.
In a word, is Bian Xiao legal for debt collection companies? I hope I can help you with the relevant answer.
Legal basis:
Article 245th of the Criminal Law of People's Republic of China (PRC)
Crime of illegal search; Crime of trespassing: Whoever illegally searches another person's body or residence, or illegally invades another person's residence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
Article 246
Crime of insulting; Defamation publicly insults others by violence or other means or fabricates facts to slander others. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests.
If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.