In business and normal life, the demand for signing contracts and owing occurs a lot. However, in many cases, the obligor fails to make a payment or repay the debt on time, which makes the obligee urgent and perform acts contrary to the provisions of law and social ethics. Thus, what is considered contrary to the laws when collecting overdue debts?
- Publishing the image, personal information of the obligor without permission of the obligor: In fact, there are many cases the obligee publishes the image, personal information such as: name, age, address, workplace on social networks, internet, and even on the streets, residential areas. This not only violates the provisions of the laws but also reduces the obligor’s goodwill and desire to pay the debt.
- Defaming the honor, offending the dignity of the obligor: When the obligee has repeatedly contacted but the obligor fails to pay as agreed, the obligee, often because of their anger and frustration, has behaviors, insults; defames the honor, the dignity of the obligor; even threats to use violence against the obligor. This act violates the provisions of the laws and does not work in debt collection.
- Using force against the obligor: When taking measures to collect debts, the obligee should note that not only defamation of honor or dignity is prohibited by law, but acts of using force against the obligor also do not comply with the provisions of the laws. Therefore, the obligee is not allowed to hit, bind, holding the obligor to request the payment of overdue debts.
- Making calls, texting to relatives, acquaintances of the obligor: According to law, the obligee shall be entitled to use all legal measures to request the obligor to pay overdue debts such as calling, texting, sending a letter of recommendation,… However, in some cases, the obligee has misused this to urge debt to relatives, acquaintances of the obligor. Please note that the obligee only has the right to require a third party to pay the debt when there is an agreement of three parties about the third party takes the debt over from the obligor if the obligor fails to pay.
- Authorizing a third party who practices debt collection services requires the obligor to pay the debt: Since January 1, 2021, the debt collection service career was officially banned. Therefore, the obligee may not authorize a third party practicing debt collection services to take measures to recover the debt against the obligor.
- Enforcing the obligor to take money and property without the obligor’s permission: According to the laws, only enforcement agencies have the competence to forcibly take the money and assets of the obligor to pay the obligee if the obligee is determined by the court as the judgment debtors. Therefore, the obligee must not use coercive measures to take money and assets of the obligor to deduct the overdue debts without the permission of the obligor.
Here are the things that the obligee can not do in the process of collecting overdue debts. In case the obligee commits one of the above–mentioned acts, the obligee may be administratively sanctioned or examed for criminal liability, depending on the extent of the violation. Hope this article is useful to you.
Best regards.
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TNTP & Associates International Law Firm
Lawyer Nguyen Thanh Ha
Email: ha.nguyen@tntplaw.com
