For many people, the question of whether collectors have the right to come home is relevant. Many people know that collectors often abuse their authority and begin to threaten the confiscation of property. This article contains information on the rights and obligations of collectors and debtors.
Collectors visit
People who have late payments to financial institutions are wondering if collectors have the right to come home. There is nothing illegal in visiting debtor collectors, so they are actively using it. However, debt collectors are civilians who do not have authority. An attempt to enter a home is a criminal offense.
Law Summary
In 2016, a law was passed establishing a new relationship between creditors and debtors. According to new amendments, several collection agencies cannot work with the debtor at the same time. The new rules introduced restrictions on the number of calls, personal visits and visits to debtors by representatives of creditors. Therefore, collectors can call debtors only 1 time in 24 hours. Also, employees of collection agencies are not entitled to make calls to debtors more than 2 times a week. In this connection, the lender can make no more than 8 calls per month. To make the employee think better about the words spoken, you can turn on the recorder. In this case, it is necessary to warn the collector of the recording of the conversation. In the process of communication, you can clarify about the possibility of restructuring the debt of the employee, ask other questions of interest. Collectors are allowed to send text messages to the debtor demanding to pay off the debt.
At the same time, employees cannot send an unlimited number of messages, since the law establishes certain rules. Time limits are set for all types of interaction with the debtor. When contacting the debtor, the employee must give a name and state the purpose of his call. Otherwise, collectors have no right to demand anything from the debtor, since the employee’s identity is not identified. In this regard, the borrower cannot be sure that he is not a scammer.
Federal law has limited the actions of collectors in relation to psychological pressure, as well as misleading. If the creditor or other guilty person has committed violations of this order, the law provides for compensation for moral and other damage.
Special categories of debtors
Federal law prohibits direct interaction with the debtor in the following cases:
- disability of a citizen;
- the debtor has not reached the age of majority;
- disability of group I;
- hospital stay;
- bankruptcy.
The ban arises subject to timely notification of the creditor about the circumstances. The debtor may refuse to interact with creditors and redirect the dialogue through a legal representative. Only a lawyer can act as a representative.
Collector Rights
Collectors may demand repayment of the resulting debt in the very near future. In most cases, debtors lose patience with the pressure of such organizations and borrow money from friends or get a new loan. Such actions have a serious psychological effect on the debtor.
If negotiations take place within the framework of the law, collectors can often call the debtor.Also, collection organizations can make calls to the debtor's relatives. Often people ask whether collectors have the right to come home to the debtor's relatives, since such actions put serious pressure.
Collector Powers
Collectors can act in court as a plaintiff in the event that they have purchased rights under a loan agreement. In this case, the collection company is a legal creditor and has the right to file with the judicial authority.
The process of pre-trial recovery has certain time limits, so at some point we can talk about litigation. In the event that the collection agency carries out work on the basis of the assignment agreement, the right to appeal to the court belongs only to the banking structure. If you understand this issue, then anyone can go to court if there are sufficient grounds for this.
Debt resale
Some still believe that a loan agreement can be sold and bought several times, as a kind of product. Collection agencies are not focused on lending to the population. A banking organization sells debt only in the exceptional case when it is almost impossible to repay. Collectors are quite discriminatory about the acquisition of debts, so they choose only those contracts that can bring benefits in the future. If it is impossible to collect the amount of debt from the debtor, such an agreement is called "dead". Therefore, a collection agency will not acquire a losing trade.
Advice to the debtor
If the debtor repays the loan in a timely and conscientious manner, then the collectors will not call and come home around the clock. To eliminate the appearance of unnecessary problems and to protect yourself as much as possible, you should follow simple rules. If the debtor has financial difficulties, it is necessary to communicate this information to the bank employees.
Sometimes a credit institution can meet the client's needs and agree on a deferred loan or debt restructuring. It is better to pay the debt in parts and resolve the conflict peacefully. If threats come from collectors, it is necessary to write to the appropriate authorities about the commission of illegal actions.
Collector Visits
The question of whether collectors have the right to come home worries many debtors. The federal law did not establish a ban on visiting the debtor's home, so collectors can come legally. If the collector has appeared in person, the debtor has the right to ask to present documents. You can record a meeting with an employee on a camcorder. It is recommended to speak with the visitor as clearly and clearly as possible. It is not recommended to argue with the collectors, since such actions will not bring any result. Employees are only executors of their duties, so they can not decide anything on their own. After the collectors visit, it is recommended to inspect the entrance and the front door. In some cases, employees may stick documents on the door or put them in a mailbox.
Can collectors demand repayment of debt from relatives
Employees of collection agencies are not entitled to disclose information on the availability debt the borrower has close relatives and strangers. Such information is not subject to disclosure, as it is confidential. Collectors can call relatives only in the following cases:
- the debtor voluntarily indicated the numbers of relatives as contact information;
- the borrower indicated the home phone number, and relatives live with him.
Debt collection activity involves the search for a borrower, so collectors can make calls to their place of residence or to work. At the same time, collectors are entitled to receive information about the location of the borrower.Collectors are not entitled to provide any information related to the financial obligations of the debtor. Many are interested in the question of whether collectors have the right to come home to relatives and demand repayment of loan debt from them. Such actions by the collection organization will be valid in the following cases:
- separation of credit after a divorce and the emergence of a joint obligation to repay a debt that was registered in a marriage;
- the death of the borrower;
- relatives are guarantors.
Answering the question of whether collectors have the right to come home to relatives, one can answer in the affirmative, since the above situations are quite common.
Specificity of collector actions
Banking employees are well versed in the norms of legislative acts, so in certain cases they can attract relatives. If we talk about whether collectors have the right to come home, we can recall the rule of constitutional law on privacy. In many cases, employees can explain their appearance in the debtor’s apartment by the fact that the contact person did not answer the calls, which is a prerequisite for listing the debtor.
There are times when collectors insist on a conversation and motivate this by conducting a pre-trial investigation. The borrower should be aware that investigative actions are possible after the opening of the case. Many borrowers are interested in whether collectors have the right to come home on weekends, since such cases have become more frequent in practice. No, employees do not have this right, as this is a direct violation of the law.
Arrest and inventory of property
Debtors often ask if collectors have the right to come home to the debtor to describe property, block accounts and take other actions. Similar situations can arise only during enforcement proceedings by decision of the judicial authority. Only bailiffs have the right to arrest the finances of the debtor, describe the property, withhold part of the income to repay the loan, and block accounts. Answering the question of whether collectors have the right to come home to the debtor and seize property, one can answer in the negative, since they can only assist the bailiffs.
Collectors are entitled to notify the borrower of existing loan debt. The agreement between collectors and the bank does not oblige the debtor to immediately respond to incoming threats and other actions. Answering the question of whether collectors have the right to come home to the debtor, we can say that this action is legitimate. However, this method is not the most common, since it requires a lot of time.
Collector Rights
Creditors may enter into agency agreements with collection organizations to repay the debt. Such organizations are entitled to contact the debtor using the following legal methods:
- written statement of debt;
- phone call;
- demand for payment;
- filing a lawsuit;
- visiting debtors.
Collectors can come home to the borrower only if the loan agreement has a clause on attracting third parties who are responsible for loan obligations. If the borrower has doubts about whether collectors have the right to come home to the debtor under the new law, then this question can be answered in the affirmative. However, the actions of collectors should be legitimate and not go beyond the scope of legislation.
Actions of the debtor in case of threats
Now it became clear whether collectors have the right to come home to the debtor. A staff visit is often based on blackmail, threats, and other illegal actions. If the debtor noticed illegal actions of collectors, it is necessary to call the police, since it is important to fix this fact.Authorized representatives of the creditor carry out their actions on behalf of the bank, so they can come home without a court order. However, employees are not entitled to commit any illegal actions in relation to the debtor and his property.
If the actions of the collectors contradict existing legislation, a citizen can write a complaint to the Central Bank of Russia via the Internet. To do this, just go to the official website of the Central Bank of the Russian Federation and describe in detail the situation that has arisen, indicating the article that has been violated. If this method does not give the expected result, you can file a complaint with the prosecutor. If collectors illegally entered the apartment or began to threaten the borrower, a complaint should be sent to Rospotrebnadzor. A citizen can record conversations with collectors where threats are heard, and also order a printout of calls. Evidence of this kind will be required in court during the proceedings.