Can private debt disputes be entrusted to others to sue for debt collection?

Civil debt disputes can be recovered from others, but others need to recover debts within the scope of legality, rationality and compliance, and must not cause unnecessary harassment to the debtor that affects his daily life. Where a creditor entrusts another person to collect debts, it must issue a power of attorney, which shall specify the agency matters, authority and time limit, and finally be signed or sealed by the principal.

Legal analysis

Matters needing attention in entrusting personal debt collection: 1. The agent should be a citizen or legal person who is serious and responsible, has a strong sense of responsibility and has certain knowledge or advantages in debt collection. 2. The agency authority should be clear. The results of the agent's activities within the scope of authorization are all borne by the principal, so in order to avoid disputes, it is necessary to clarify the agent's agency authority. The authorization granted by the client may be expressed orally or in writing, and any important authorization shall be in writing. That is, issue a power of attorney. The power of attorney shall specify the agent's name, agency matters and agency term, and shall be signed or sealed by the principal. If the law requires notarization, it should also be notarized. 3. The client should know and master the progress of agency activities at any time, so as to timely guide and supervise debt collection, correct possible unauthorized agency and illegal debt collection, and avoid economic losses. Problems to be avoided in legal debt collection: 1. Avoid the occurrence of criminal cases: many creditors have taken excessive actions when the debtor fails to repay the debt, which leads to the common debt dispute turning into a criminal case. So this problem must be avoided in the process of collecting money. 2. Problems that should be avoided in legal debt collection: There are several ways to entrust debt collection privately: for example, entrusting acquaintances, entrusting people in the society, and entrusting debt collection companies. Here, my lawyer reminds everyone that when choosing these debt collection methods, we should also pay attention to legality. For example, entrusting acquaintances to collect debts should also avoid bribery. Entrusting people in the society should also try to avoid entrusting triad gangs. Entrusted debt collection companies should also pay attention to their professionalism and legitimacy. These are all noteworthy problems that should be avoided in legal debt collection.

legal ground

People's Republic of China (PRC) Civil Code

Article 161 A civil subject may carry out a civil juristic act through an agent. In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented.

Article 162 A civil juristic act carried out by an agent in the name of the principal within the scope of his agency authority is effective for the principal.

Article 165 If the power of attorney is in written form, it shall specify the name of the agent, the matters to be represented, the authority and the time limit, and shall be signed or sealed by the principal.