livre-book-63.fr Debt When can debt collectors be charged with stalking?

When can debt collectors be charged with stalking?

Stalking cannot be defined in one sentence. It can be both manic sending of love letters to someone who does not want it, as well as texting with threats or sticking out at someone’s window.

Finally, it will also be obtrusive calling by the debt collector to the debtor, visiting him without notice, not to mention threats. Such behavior can be treated as “persistent harassment, arousing a sense of threat or circumstances that significantly violate privacy”, i.e. classic stalking.

A debt collector has actually gone too far

A debt collector has actually gone too far

If the court finds that the debt collector has actually gone too far, he may be sent to prison for a maximum of three years. If as a result of these actions the debtor has taken his life, a sentence of up to ten years may appear.

On the other hand, the debtor will always think that the debt collector will harass him, attack him verbally and violate his dignity. How to determine at what moment we are actually dealing with a violation of the law, and when the debtor is only excessively sensitive?

Stalking or just reminding?

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To determine that the debt collector has violated the law, his actions must be of a permanent nature and be fraudulent. It’s just that just reminding the debtor about the expiration of the next payment deadline is not a crime, just like written prompting or repeated attempts to settle the matter amicably.

The debtors defend themselves with all available methods and it is difficult to blame them for this.

For example, on internet forums, you can find completely misconceptions that the mere use of the debtor’s personal data qualifies under a separate paragraph. “You didn’t provide any debt collection company with your data, so it processes it unlawfully, report it, the law is on your side,” argue the authors of these pseudo-tips.

They are wrong, the debt collector processes the data in accordance with the law. We provide data by entering into a contract with a bank or telecom, which is why these companies can later pass them on to the debt collection department or an external company that is to recover the arrears.

The creditor also does not need the debtor’s consent to sell the debt (transfer of receivables) to a completely different entity, he can notify the debtor only after the fact.

Important internal conviction of the debtor

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Raising voice in conversations, offensive letters, frightening that in the absence of immediate repayment the debt collector will take the property (this can only be done by a bailiff) or any type of threat (commented several years ago in the media by a cast of one of the banks whose employees threatened debtors that problems inform social security and this will take away their children) – this is already falling under stalking.

To determine whether we are definitely dealing with a crime or just a lack of professionalism on the part of the debt collector, the subjective approach of the debtor is also important.

He must determine if he feels intimidated or dominated. If he explicitly informs the debt collector that he does not want specific behavior, he should respect it and either conduct debt collection in another way or take the case to court.

How to do it?

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It is best to send a letter of discontinuation by a specific letter (e.g. calling after 7 pm and on weekends).

At the same time, it should be borne in mind that such a case may result in entering the warpath with the debt collector, so the debtor has to calculate whether it is better to endure contact from the debt collector or make notifications to the police and risk that the debt case immediately will go to court and a bailiff will replace the debt collector.

Stalking is prosecuted only at the request of the victim, the debtor must go to the police station and give evidence. The Civil Code also protects our personal rights, e.g. housing integrity and image (Article 23).

So if the debt collector forcibly opens the door ajar by the debtor and enters the apartment, then proceeds to make an inventory (it can only be done by a bailiff) or sticks a large card in the door with the inscription:

“Please contact the debt collection company immediately” so that they can see all neighbors, the debtor may claim compensation in civil proceedings. Nothing prevents you from protecting yourself simultaneously with the provisions of the Civil Code and the Penal Code.

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