Do collectors have the right to call, come to your home or work, and describe your property?

Your loan debt has been sold to debt collectors. What to prepare for and what to expect? These questions concern most borrowers. Do collectors have the right to break into apartments, call relatives and threaten? What can they do to extort money from the debtor to repay the loan? Let's take a closer look at the main situations associated with collectors. From this article, you will learn which actions of debt collectors are justified and which are not, how best to communicate with them, and where to complain if they commit unlawful acts.

So, do collectors have the right to the following actions:

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Talk to relatives about the debt

The Federal Law of July 3, 2016 No. 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts...” defines the main ways of interaction between collectors and debtors. It states that lenders have the right to communicate with the borrower’s relatives under the following conditions:

• they have the consent of the debtor himself, provided in writing;
• The family members themselves are not against such interaction.

But collectors can still call the borrower’s relatives in the following cases:

• if their contacts are indicated for communication with the debtor;
• if they live with the debtor in the same apartment and answer calls made to their home phone.

Such communication can only be reduced to questions about the whereabouts of the borrower. Collectors do not have the right to disclose to third parties information about his loans and debts on them. Calls can be made no earlier than 8 a.m. and no later than 10 p.m.

What to do if debt collectors come to your home?

And so, the collectors called you and informed you that a “mobile team” had arrived at your home, how should you behave correctly? Alas, collectors love to come up with big names that can produce the desired psychological effect on unprepared citizens. If collectors come home, then the main thing is not to panic.

Learn to record any visits and communications with lenders and their representatives on your mobile phone camera. At the same time, in no case should you hide the fact of filming - unlike debt collectors, you are not committing any illegal actions and are on your own territory. But remember that debt collectors also have the right to record audio and video of your meeting. It is legal.

In accordance with Art. 29 clause 4 of the Constitution of the Russian Federation, every person has the right to freely seek, receive, transmit, produce and disseminate information in any legal way. Filming is prohibited only on the premises of certain ministries and departments. For example, filming military sites is prohibited in Russia.

Usually, when caught on camera, collection agency employees begin to behave more correctly, trying once again not to demonstrate their “imaginary power” over the debtor. Immediately after the greeting, you need to clarify:

1. Full name of the person in front of you.
2. Full name and address of the organization he represents.
3. Purpose and reason for the visit.

Don't let yourself be confused by extraneous questions, but simply ignore them.

Remember that the debt collector who comes to your home has no real leverage or pressure. He is not your friend or boss. Therefore, do not give in to provocations, remain extremely polite and collected. If they suddenly try to get you emotional or persuade you to engage in dialogue, simply inform them that you do not intend to communicate further, and close the door, thanking them for the visit and “fruitful communication.”

An apartment is private property, the inviolability of which is guaranteed by the Constitution of the Russian Federation. Only rescuers or firefighters in case of an emergency, as well as the police and prosecutor's office, who have the appropriate court order, can enter without your permission. Or the police, who have a clear feeling that someone is being killed in your apartment, or someone is in urgent need of outside help.

This means that collectors can come or visit your home, but to enter it, they must have the permission of the home owner.

Collect debts from relatives

Collectors have the right to collect loan debt from a relative of the borrower if:

• he is a guarantor, therefore he is jointly and severally liable with the debtor for its repayment;
• the borrower has died, and he is his heir, therefore, within the amount of the inheritance received, he is also responsible for paying off debts;
• he is a co-borrower of the debtor on the mortgage loan (as a rule, this is a spouse), therefore he is equally responsible for repaying the loan.

In other cases, the borrower’s relative does not bear any responsibility for the debtor’s loans, so claims against him by collectors will not be justified. Employees of collection agencies try in different ways to repay loan debt, so they try to influence not only the debtor himself, but also his family.

License with the right to threaten

In recent days, Irina Dmitrieva, a resident of the city of Chudovo, Novgorod Region, has been receiving threatening SMS messages every day: “The issue of initiating a criminal case will be considered.” “We notify about the possible departure of the employee to his residence address. We ask you not to leave the locality.” Such messages are sent by a certain “IBA Finance”. Under this name hides a collection company, which privately tells itself that it belongs to a Czech holding company with headquarters in London. In our country, the company is allegedly represented by three offices in Moscow, Bryansk and Smolensk.

A resident of Chudovo is in debt to one of the banks. There are hundreds of thousands like her across the country. Dmitrieva was a small entrepreneur. Broke. There remains a debt, which she naturally recognizes and, if possible, extinguishes.

But recently, collectors appeared in her relationship with the bank. The woman did not receive any notification from the bank about the transfer of foreclosure, although Article 385 of the Civil Code states that the borrower has the right to verify that the debt has been transferred. One day the phone rang, and the girl at the other end of the phone, in the form of an ultimatum, demanded that the debt be repaid either by the debtor herself or by one of her relatives.

Otherwise, the lady promised to take the property from her relatives to pay off the debt. For the next few days, the debtor’s phone did not stop ringing. Collectors cannot call the debtor more than twice a week. When the debtor, stupefied by the incessant calls, reminded her of this requirement of the law, she received threatening SMS messages. It is unlikely that collectors do not know that only law enforcement officers can initiate a case, and only the court can restrict a person’s movement.

It is unlikely that collectors do not know that only law enforcement officers can initiate a criminal case, and only the court has the right to restrict a person’s movement

If you believe social networks, for this particular collection organization, this style of work is common practice. Monitoring of social networks showed that the majority of debtors who deal with this company suffer from the fact that agency employees often break the law. This style of work, however, applies to a considerable number of collection firms that operate with a license.

The editors wanted to find out what rule of law the collectors were guided by when suggesting that debtors “not leave the locality.” The company refused to talk to the press and blocked its call center for editorial calls. Later, however, they changed their minds and replied:

"IBA Finance" operates within the legal framework and does not violate the law. Any notifications that the company sends to debtors are informational in nature, do not contain threats or any false information and are always agreed upon with clients. The SMS message does not violate the rights of the debtor and is not misleading. We inform you about the creditor’s right to contact law enforcement agencies to carry out verification activities in order to identify the corpus delicti, if any.”

The National Association of Collection Agencies (NAPCA) said this: “All actions, including the content of messages and conversations, are agreed upon by the collection agency with the creditor. Most likely, this case is no exception, since violating the agreement is not beneficial for any of the psychological effects of the bank employees on her. The court fined the bank 20 thousand rubles. The offended bank went all the way to the Supreme Court. Here the judges decided that the fine was imposed unlawfully. Having recognized that the bank violated 230-FZ, the Supreme Court referred to the fact that the subjects of the article of the Code of Administrative Offenses, which determines penalties, are “the creditor or a person acting on his behalf and (or) in his interests (with the exception of credit organizations).”

And the bank was not “the subject of an imputed administrative offense.”

Competently

Fedor Kupriyanov, Candidate of Legal Sciences:

— Without a doubt, the examples given are offenses. Relations between collectors and debtors - individuals, with the exception of individual entrepreneurs, have been regulated since 2021 by special law No. 230-FZ. It says at what time of the day, on what days of the week you can call the debtor, how many times.

The law contains a direct prohibition on the described actions. It is impossible to exert psychological pressure on the debtor, and especially on his relatives. It is impossible to mislead the debtor, as well as other persons, about transferring the case of debt repayment to the court, about the possibility of applying administrative and criminal procedural measures, or criminal prosecution to the debtor and his family. You cannot threaten with arrest or deprivation of all property.

Collectors are prohibited from ascribing to themselves the powers of officials and government agencies, for example, prohibiting leaving home or leaving a populated area. Collectors do not have the right to issue oral and written “instructions” to the debtor and his relatives to perform any actions of a personal nature or with their property. The bailiff service has the right to exclude a collector from the register for a single gross violation of the law, resulting in harm to the life, health or property of the debtor or other persons, for a period of three years.

In other words, if by expert means it is possible to prove the connection between the collector’s call, for example, with the threat of criminal prosecution and the debtor’s hypertensive crisis, the collector will lose both his place in the register and his job. Along with administrative punishment, compensation for moral damage caused by debt collectors is also quite possible. Such compensation at the expense of the violator is provided for by law. Moreover, compensation for moral damage can be demanded in court not only by the debtors themselves, but by their relatives who were affected by the illegal actions of debt collectors. For example, those who were insulted or threatened by the collector.

The State Duma Committee on Security and Anti-Corruption plans to create a working group to study amendments to the Criminal Code on special criminal liability for collectors.

If there are signs of ordinary crimes in the work of a collector, you need to complain to the prosecutor’s office or the police. To record violations, record all telephone conversations with him, and record meetings on video. It is useful to buy an inexpensive, dedicated chest-mounted video recorder. You can hang it on your chest or put it on the table with the car video recorder you already have, and record the meeting on your phone. If there is an unexpected visit from uninvited guests, you should not open the door and call family, friends or neighbors. In case of excesses, they will become witnesses. In such cases, call the police.

There is also an authority to which you can complain and to which you can complain. This is the lending bank. Large banks do not expect illegal actions from collectors. But if the creditor bank is inactive, it makes sense to complain directly to the creditor - to the Central Bank.

Coming home (entering the apartment)

Collectors have the right to arrange personal meetings with the borrower. They can take place on neutral territory or at the office of a collection agency. Of course, they can, on their own initiative, “visit” the borrower at his home address, but whether or not to let them into the apartment is a personal decision of the debtor. If he does not want to talk to them, he has the right not to open the door for them.

If the collectors begin to behave aggressively (ringing the doorbell, shouting at the entire entrance), then the debtor has the right to call the police. The law on the inviolability of the home is the same for everyone, including debt collectors. Only bailiffs who have the right to seize property have the right to enter his apartment without the owner’s permission.

How should collectors behave?

Previously, the activities of collection agencies were associated with threats, psychological pressure and even vandalism. Since Law No. 230-FZ came into effect, a lot has changed. Now such behavior is prohibited: both during telephone conversations and in person, collectors must behave correctly, politely, and not intimidate or threaten. Such behavior is a marker of a competent and professional collection agency with which you can negotiate. Take a closer look at how the representatives who met with you behave, whether they are rude or trying to put pressure. If collectors behave in accordance with the law, you should listen to their suggestions. Agencies that comply with the letter of the law are interested in the client getting rid of obligations at a pace that is convenient for him. You may be offered more favorable conditions, an individual payment schedule, or even a discount on the amount of debt if the agency representatives see that you are ready to meet them halfway.

Arrange trips without warning (for example, come to work)

In order to search for a borrower, collectors may come to his place of work. Here they are obliged to follow the same rules of conduct - not to disclose credit information about the debtor to strangers, not to insult him, etc. They can ask colleagues about his whereabouts, and if the borrower is present at the workplace, talk with him, but without the participation of third parties. The debtor's employer is not required to provide debt collectors with personal information about its employee.

In most cases, collectors do not warn the borrower about their visit, wanting to take him by surprise.

Situation in practice

In practice, collectors quite often threaten their debtors with visits to their place of residence. These threats are intended to psychologically influence a person and force him to pay the debt voluntarily. In practice, it rarely comes to an actual visit.

Such threats come either by telephone or via messages. They are also indicated in the texts of claims. The claimant writes that if the debtor does not return the funds by a certain date, an inventory of his property will be made.

You must always remember that such actions can only be carried out by bailiffs and only after a judicial act has been issued.

You should not react at all to statements from collectors about any forced visit to your place of residence. And in situations where we are talking about real attempts to enter the territory, you should contact the police by calling 02 (020 or 112 from a mobile phone).

Describe property without a court order

Only bailiffs have the right to take an inventory of property and only if there is a corresponding court decision. Only they have the right:

• enter the debtor’s home without his consent;
• seize property and bank accounts;
• confiscate individual items.

Collectors do not have such powers. They, of course, can estimate the approximate cost of the debtor’s apartment or car so that, on occasion, they can skillfully mention this in a conversation. They do this to intimidate the borrower, because many are afraid of losing their property because of loans.

Who can come home under the guise of debt collectors?

One of the reasons to ask collectors knocking on your door for documents is the increasing incidence of fraud. Scammers come home, introduce themselves as agency employees in order to lure money from the client, supposedly to cover a debt, or look for what they can steal when the opportunity arises.

You should be wary of the following points when dealing with false collectors:

• they are unwilling to give their name or show identification;
• act outside the permissible authority, disregarding the framework of the law;
• represent themselves as police officers or bailiffs;
• they came as if to their home, they behave rudely and cheekily.

Be vigilant, do not let such people even onto the threshold of your home and call the police as soon as possible. Otherwise, you may be subject to robbery and even physical violence.

Ruin your credit history

What to do if you are threatened by debt collectors? Credit history: what is it and why is it needed?

Banks transmit information about your payment discipline to the Credit History Bureau. Credit history becomes bad if there is a delay of more than 30 days.

If you have not paid your loan for a long time and collectors are already taking care of your business, then your credit history has long been damaged. Collectors can no longer influence her in any way. But sometimes debt collectors may promise that when you pay off your loan, they will help you recover it. Don't be fooled by such statements. You can improve your credit history only if you repay subsequent loans on time and in full. Unfortunately, you will no longer be able to take out new loans from the bank, but microfinance organizations are quite willing to give money to borrowers with a bad credit history. With good service, positive information about the borrower will be transmitted to the Credit History Bureau, which over time can cover up early negative information.

Can collectors come to my place of residence or not?

As you can see, the law gives debt collectors the right to go to the debtor’s home. But it is necessary to take into account that:

• The possibility of a personal visit from collectors is directly proportional to the amount of your debt. If you only owe 10 thousand rubles, they are unlikely to come to you;
• If you live far from urban centers, then the likelihood of a personal visit from collectors is also low.

But if you live in a metropolis and your debt is 500 thousand rubles, then the likelihood of visiting debt collectors increases significantly.

Beat, be rude, threaten children

Sometimes debt collectors go beyond all limits in their attempts to recover overdue debts. If the debt collector begins to threaten violence or use physical violence, the borrower has the right to write a statement against him to the prosecutor's office. These actions are considered criminal offenses.

If the collector begins to use obscene language during a conversation, to be rude and humiliate the debtor, then he can be reminded of Art. 5.61 of the Code of Administrative Offenses of the Russian Federation, which provides for fines for such actions. They can range from 3 to 50 thousand rubles if they were committed by an individual. It is advisable to record every conversation with a collector; the interlocutor must be warned about this.

Where to complain

If the debtor believes that debt collectors are violating his legal rights and interests, he has every right to stop the violations and file a complaint with the relevant government authorities. To do this, you can write a statement to the prosecutor's office or the police, attaching the available evidence to it. For example, you can confirm the fact of threats against you from a creditor using an audio recording or video.

You should contact the police not only if you or your relatives receive obvious or hidden threats, but also if you are harassed with round-the-clock calls, regular visits to your home or work. It is also worth stopping any misrepresentations of facts on the part of collectors, as well as cases of disclosure of personal information about the borrower.

The main condition for bringing violators to criminal or administrative liability is the validity of the appeal to law enforcement agencies. And if your property is harmed or caused damage, you need to apply to the judicial authorities with a civil claim.

The FSSP is the main government agency regulating the activities of collection organizations. And a complaint to the FSSP against debt collectors is often very effective.

Every citizen has the right to defend and defend his rights, regardless of whether he has outstanding loan obligations to banks or not.

Make a newsletter on social networks, stick notices on the door, hang up a photo of the debtor

Collectors do not have the right to such actions. Only investigative authorities can openly search for people on the basis of a crime committed. Also, collectors do not have the right to write to the borrower’s friends about his debts on social networks, distribute leaflets with personal information, post advertisements, etc. Thus they violate Art. 137 of the Criminal Code of the Russian Federation “Violation of privacy”. For such actions, punishment is provided either in the form of a fine of up to 300 thousand rubles, or in the form of imprisonment for a term of up to 5 years.

According to Art. 152.1 of the Civil Code of the Russian Federation, you can intentionally use a photo of an individual only with his consent.

What to do with debt collectors: advice from an experienced person

Debtors, who can be called professionals in their field, can give some advice to “beginners”:

Unfortunately, it is impossible to completely get rid of collectors. There are no universal methods or phrases, but it is quite possible to reduce contacts to a minimum. And remember that if the debtor shows his weakness, they will come under even more pressure.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Resell debt

Art. 382 of the Civil Code of the Russian Federation allows the creditor to resell the debt to a third party without the consent of the debtor. He is only obliged to notify the latter about the completion of such a transaction. The collection agency may, if it wishes, transfer the borrower's loan to another collection agency.

But in practice, such resale does not occur. If debt collectors cannot force the borrower to repay the debt, they sue him. It makes no sense to transfer the case to other creditors, because they use the same methods to return the debt.

Under what circumstances can agencies send employees to the borrower?

Personal meetings do not contradict the law, and loan collection specialists can be sent to the defaulter’s home immediately after concluding an assignment agreement (debt purchase) or an agreement to provide debt collection services to the bank.

But, as a rule, in the initial stages of interaction, debt collectors call or remind you to make payments by phone or by sending SMS notifications.

If the borrower does not make contact, does not answer the phone, or is rude to the employees, they come to his home for a personal conversation.

Calculate interest and penalties

According to Art. 384 of the Civil Code of the Russian Federation, the borrower’s debt is transferred to the new creditor on the same terms as before the moment of its transfer. In other words, the collection agency has the right to charge interest and penalties provided for in the agreement in the event of late payment of the next payment.

If the amount of the accrued penalty is disproportionate to the violations committed or is greater than the amount of the principal debt, then the borrower has the right to demand its reduction in court on the basis of Art. 333 Civil Code of the Russian Federation. The court in most cases takes the side of the debtor.

Therefore, if fines and penalties continue to accrue on your debt, then your best option would be to take the case to court. In this case, the final amount payable will be fixed.

Confuse the collector

In order to further intimidate the debtor, debt collectors use not only threats, but also groundless accusations. For example, you may be accused of committing a crime under Article 159.1 of the Criminal Code of the Russian Federation “Fraud in the field of lending,” that is, the theft of funds by a borrower by providing a bank or other lender with knowingly false and (or) unreliable information.

Remember, if you have paid off the loan at least once, this article of the Criminal Code cannot apply to you. If, when receiving a loan, you indicated real telephone numbers and the amount of income that corresponds to reality, late payment of the loan cannot be regarded as fraud and qualify under this article.

If you provided false information, for example, you overstated your income in order to obtain a higher loan amount, then this may be classified by law enforcement agencies as a violation of the law under Articles of the Criminal Code of the Russian Federation 159.1 “Fraud in the field of lending” and the Code of Administrative Offenses of the Russian Federation. Article 14.11 “Illegal receipt of credit or loan.”

Claim a 10-year-old debt

Many lawyers interpret the statute of limitations differently. Some believe that it is 3 years from the date of the last payment, others - 3 years from the end of the loan agreement. The courts also make different decisions in the same situations. For peace of mind, the borrower can consult with a lawyer who has already handled similar cases and knows approximately what position a certain court takes when understanding the statute of limitations.

If all possible deadlines have already expired, then the borrower need not worry anymore. Formally, the bank, of course, can sue him even after 10 years, but the debtor has the right to file a counter-petition with the court stating that the statute of limitations has long expired. In this case, the court will reject the creditor's claim. Therefore, banks often begin to resort to other methods of returning the “old” debt - to collection agencies.

Collectors begin to conduct their work using their usual methods: calling the debtor, writing letters, etc. In this case, the borrower can be calm - debt collectors cannot go any further. You can stop all illegal actions on their part by writing a complaint to the prosecutor's office.

Don't pay debt collectors

When employees of collection agencies pay you a visit, they may demand that you pay the debt to them. They will eloquently assure you that the money received will be used to pay off the debt, and they may even offer to issue a receipt or receipt.

Remember, no matter how the communication between you and the collector develops, you should not pay them under any circumstances. The receipt issued to you is not a guarantee that you will not be called the next day with new demands for payment of a penalty or fine. And how will you record the transfer of money?

The borrower must understand for himself: it is better not to let collectors into the house at all, and there should be no talk of paying them. You can only pay at the bank's cash desk and require a properly executed confirmation of payment (cash receipt). This check will serve as convincing evidence that you paid the loan in the event of further litigation.

What they can and cannot do

To protect against illegal actions by collection professionals, debtors must know what they are entitled to and what actions are illegal.

Judicial appeal

Creditors have the right to go to court to force payment of the debt. But they do this extremely rarely, because... Litigation is lengthy and costly.

The size of the debt may not cover the legal costs, and there is also a possibility that the court will order the debt to be completely written off and the loan to be stopped.

Invitation for polite conversation

Calling and making an appointment with a client is a legal action. The conversation should be conducted politely and correctly. Insults or threats against citizens are unacceptable.

Home visit

Arriving home with the purpose of reminding about the loan and requesting payment is one of the legally established methods of interaction.

Remember that you have the right not to let strangers into your home and not to open the door for them if you do not want to communicate with them.

Come to work

Collectors have every right to visit the debtor at his place of work. However, they should not disclose personal information about the loan to colleagues.

Debt collectors can find out the whereabouts of the borrower from colleagues, and if he is at his workplace, talk to him personally.

Talk to relatives about the debt

If relatives have nothing to do with the loan, contacting them is prohibited by law.

If the borrower left the contact number of someone close to him at the time of applying for the loan, they may call him. At the same time, specialists should not disclose information about the loan. The purpose of such interaction is to find out information about the person.

Collect debts from relatives

Creditors can collect debt from a relative if he is:

• guarantor/co-borrower, i.e. bears equal responsibility with the borrower for repaying the loan;
• heir, i.e. the client died, and a loved one entered into inheritance rights, and, along with the property of the deceased, all unpaid debts pass to him.

In other cases, relatives are not responsible for the person’s obligations and do not have to pay for it.

Describe property without a court order

Only bailiffs can describe the property and sell it to repay the loan, if there is a corresponding court decision.

In addition, FSSP employees have the right to:

• enter the borrower's apartment without his consent;
• seize bank accounts;
• confiscate property.

Debt collectors do not have such powers, but they can threaten the defaulter that they will seize and seize his property in order to exert psychological pressure.

Ruin your credit history

Information about compliance with the loan payment schedule is transmitted to the credit history bureau (credit history bureau) by bank employees. If the obligations are overdue for more than a month, such information is already reflected in the credit history. No one can influence your credit history.

Attention! Sometimes representatives of a collection company promise to restore the client’s reputation with the BKI if the loan is repaid as soon as possible. This is deception and one of the methods of psychological pressure. You don't need to fall for him.

Only the borrower himself can restore his credit history by impeccably fulfilling his obligations to creditors upon subsequent receipt of loans.

Beat, be rude, threaten children

Rudeness, rudeness, threats and physical violence are prohibited by law. The collection company representative will not be able to use them when collecting debt.

If an agency employee calls you names or threatens children, contact the police and prosecutor's office. Record the conversation on a voice recorder, having previously warned the interlocutor about this. Such a recording will be direct evidence for the court.

Make a newsletter on social networks, stick notices on the door, hang up a photo of the debtor

All of the above actions constitute an invasion of privacy and may be punishable in accordance with Art. 137 of the Criminal Code of the Russian Federation. The maximum penalty for disseminating information about personal life is imprisonment for up to 4 years.

Resell debt

Changing the creditor in the agreement does not contradict the law. Collectors will be able to resell the debt to a third party under an assignment agreement. But, if none of the methods of influencing the borrower helped, and there is no property that can be described, other agencies will not want to buy such a bad debt.

If, nevertheless, the collectors resold the overdue loan, they are obliged to notify the client about the change of creditor in writing, indicating the new collection company and payment details.

Calculate interest and penalties

A change of creditor in the loan agreement should not worsen the position of the defaulter. Therefore, creditors charge penalties and fines that are provided for in the original loan agreement.

If specialists charge late fees in excess of those provided for in the loan agreement, go to court. By court decision, illegal charges will be canceled and the amount of debt reduced.

Claim a 10-year-old debt

By law, the statute of limitations for filing a claim is 3 years from the last event. It is counted from the first day of delay. When any action is taken by the creditor that can be documented, the countdown of the period is resumed.

Renewal of the term is limited to 10 years, i.e. after 10 years, the debt is automatically written off and cannot be recovered even in court.