Many borrowers with overdue loan debt are especially afraid of debt collectors. What kind of people are these? Collectors are employees of collection agencies who are engaged in collecting debts from unscrupulous borrowers. They have many methods in their arsenal to return bad loans, for example, collectors threaten, come to you or your relatives at home, call your home or work on the phone.
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If you find yourself in a difficult financial situation, and collectors are interested in repaying your loan, then the information presented in this article will be useful to you. We have developed instructions for proper interaction with collection agency employees. With its help, you will be able to keep the situation under control and will not allow yourself to be intimidated by their threats.
How to act and behave if you or your loved ones are threatened
A threat to life, health, well-being and business reputation is not a pleasant situation.
Unfortunately, threats are now very common, and in reality almost everyone faces them. Where the conflict could have been resolved amicably and an apology made, the matter often ends more seriously. You may not only be threatened with physical violence or disseminate information discrediting your honor, dignity and business reputation, but also be shown dangerous objects or even weapons. At first glance, threats for an unprepared person can be very scary. But it’s worth cooling down a little and thinking about how best to behave in this situation so that you and the people close to you don’t get hurt?
In order to figure out how real the threat of violence is from arrogant and unpleasant people who disturb your peace, and also to develop the right line of behavior, you should listen to the advice of lawyers. If you are receiving physical threats, you should not assume that the situation will resolve on its own. Timely protection is necessary to ensure personal safety for yourself and your loved ones. This article will talk about exactly where to look for protection from threats and prevent a negative development of the situation.
Working with bona fide agencies
EOS recommends that people who find themselves in difficult life situations not be afraid of circumstances. Contacting a responsible, adequate collection organization will not worsen your conditions, but, on the contrary, can improve them by writing off part of the debt, fines and sanctions. If collectors act within the law, meet them halfway. Polite, constructive communication and a willingness to cooperate are the way to get rid of loan obligations forever, and this rule applies not only to agents.
What is the threat?
When making threats of physical violence, a sober assessment of the nature of the threat, its reality, how the demands are expressed, and motives hidden at first glance will be required. There is no need to think that if you have known a person well for a long time, then he is completely safe. The attacker may well not only intimidate, but also move from verbal threats to real actions.
Terms of liability for threats
You will have to answer for personal or anonymous threats in the following cases. According to the legislation of the Russian Federation, a citizen is held accountable if the threat is characterized by the following signs:
- you are shown weapons or other equally dangerous objects;
- danger to life or health in reality in verbal form or in the form of actions;
- real threats to disseminate defamatory information.
If there are threats to your property and material assets in writing, it will not be possible to bring the offender to criminal liability, since he will be held accountable for material damage in fact.
In addition to threats, there are often demands to perform certain actions or calls to refrain from them. Let's give an example. For example, this could be coercion to commit robbery if they promise to commit physical violence. Recently, requests via the Internet or telephone calls from collectors have become more frequent because you did not pay off the debt on time. This is not all, and the list goes on.
What to pay attention to
Even with all the legality of the offender’s demands from you to perform some actions, you cannot threaten to use force, etc. If the fact of the threat is confirmed, then punishment in accordance with the Criminal Code will be required.
Bullying via the Internet
Increasingly, threats to life and health are recorded through social networks. If they are possible, such actions will also be considered criminal offenses. To obtain evidence and record such threats, complex preparatory actions are not required. All information and messages are stored in the computer's memory.
Proving the reality of threats on the Internet is quite problematic, and law enforcement officials are extremely reluctant to investigate such allegations. Therefore, in such cases, before contacting the police, it is recommended to collect a package of documents that will contain irrefutable evidence of the reality of the threat. It is mandatory to attach screenshots of messages with threats, which must be certified by a notary. The reality of the threat can be proven if the attacker knows where the victim lives.
How to deal with threats
If you are threatened, you should not take the threats lightly and under no circumstances follow the lead of the offenders. If possible, be sure to retain evidence of the threat. They can take various forms: in writing, in audio or video format, correspondence by e-mail or on social networks. With the help of this evidence, the search for the perpetrators is greatly simplified.
In the event of a threat, you should immediately contact law enforcement agencies, since reports of potential crimes are registered and verified by the police service. After the facts are verified by the Ministry of Internal Affairs, an unequivocal answer about the fact of the threat will follow. If these actions are confirmed, the violator will be held accountable. Police officers will help you in this situation and identify the perpetrators.
Specify the loan agreement number and the amount of debt
If a debt collector calls you, please clarify what kind of loan agreement we are talking about. There are times when there is confusion and you may be presented with claims for someone else’s debt. If there is no error, find out the amount of debt. It should not differ significantly from the amount that the bank told you at the time. The difference can only be in the amount of fines and penalties.
At the beginning of communication with the claimant, be sure to ask him to introduce himself and name his position. You must know who exactly you are dealing with. This question forces many collection agency employees to be more correct in further conversations, because there is no “anonymity” effect.
What are the most dangerous threats?
The most dangerous among all other threats are those associated with the use of physical force, demonstration of weapons, damage to property, etc. The most unpleasant thing is that you can encounter this phenomenon in unexpected places: on the street, on a bus or in the subway, or one-on-one. Threats that are made not only towards you, but also your family, friends, colleagues, etc. are punishable. You should not take violent action in response. Otherwise, you will receive liability for causing bodily harm in a mild form; from the category of victims, you will automatically become offenders.
How and where to apply. How to compose it correctly
If you are being persecuted and threatened with death and real danger. You should not delay the matter until unpleasant events develop. You need to immediately write a statement to the police or report the crime verbally. If you apply orally, then it is necessary to record a protocol form, which is personally checked and signed by you. The written statement must contain items such as:
- place, time and methods of incoming threats through personal contact using mail, phone calls, the Internet, etc.;
- the nature of the threat in the form of murder, infliction of bodily harm directly to you or your loved ones, dissemination of information discrediting your dignity and business reputation, etc.;
- contact information from persons who are witnesses and capable of confirming that you have received a verbal threat;
- links to written evidence, recording audio and video in the format of screenshots of pages on Internet resources;
- information about offenders, if you know the person’s identity or information about his location;
- the motives for the threat can be expressed in racial and religious hostility, political beliefs, etc.;
- other information to identify the person who is threatening you.
If the threat does not involve danger to life or serious harm to health, the person will not be punished. If you contact law enforcement agencies, this will happen only if the offender clearly indicates criminal intentions to cause grievous bodily harm or murder. In this case, a criminal case will be initiated and punishment will follow for threats to kill or serious harm to health, which under this article amounts to up to 5 years.
If you contact the police, you will need to justify the reasons and conduct an investigation. If the threat is confirmed during the pre-investigation period, the responsibility for proving guilt will be assigned to the prosecution and the police.
Submitting a report of a crime orally or in writing can occur to the territorial department of the Ministry of Internal Affairs. This is possible even when you are away from home, on vacation, on a business trip, etc. If you are threatened, you can contact the nearby police station. If you find yourself in danger on the streets or in other public places, simply call a police officer for help.
Corpus delicti
Article No. 119 of the Criminal Code defines uttering a threat to kill as a type of psychological coercion over a person. The main goal pursued by the attacker in this way is to intimidate the victim, causing her a constant feeling of fear. The threat must be specific and real.
The object of the crime is the mental state of the citizen. The subject of such an act may be a person who meets the following criteria:
- citizen over 16 years of age;
- giving an account of his actions, sane;
- having legal capacity.
If threats are made to cause harm to health of mild or moderate severity, material damage, or damage to property, then punishment will be imposed under other articles of the Criminal Code. Article No. 119 regulates cases of threat to life and health.
The objective side in the case under consideration is a method of obtaining information about the intention to cause harm to life and health. When determining the penalty, it will be necessary to take into account the method of uttering the threat.
What to do in case of telephone threats
If you are threatened over the phone, you must record the call. Most often, telephone threats come from collection agencies that influence a debtor who has not paid the loan debt in a timely manner and in full. Such threats are very dangerous. There are numerous real cases where debt collectors deliberately destroyed property or caused physical violence.
Important point
Even if you completely repay your bank debt, debt collectors will not stop calling you with threats. To do this you will need to file a police report. This is a direct threat to health, since the criminal is not nearby. You need to record the conversation, carefully think through the situation, sign up for a consultation with a lawyer, or contact the Ministry of Internal Affairs directly.
Immediately after the call, contact the law enforcement agency. You will need to record repeated calls and threats as evidence in filing a criminal case. The conversation must be recorded, after which the complaint will be submitted to the police. The search for intruders will happen much faster. However, the evidence will require an examination.
Written threats
In the case of written threats sent in the form of letters by mail, notes planted or handed over with threats, if you contact the police, the document will be sent to specialists for examination. After a thorough check, they will identify traces of the criminal, take fingerprints and conduct a handwriting examination.
Identification of attackers will be faster thanks to modern technical equipment, since any document contains traces. A written document with threats will be added to the materials of the criminal case after an examination as evidence.
Thus, if you or your loved ones are threatened, you should definitely contact law enforcement.
If the thoughts and intentions of the criminal are confirmed, they will be prosecuted. You cannot follow the lead of criminals and strictly fulfill their sometimes absurd demands, and even more so, respond with violent actions in response. Otherwise, you will become the culprit, and the offender will once again feel his permissiveness and impunity. Please note that I do not provide free consultations. The article reveals a lot of points and nuances that can help you. If you need additional help or still have questions, this is a paid service. Please be understanding .
Antsupov Dmitry, Lawyer
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Make sure it is legal to transfer your loan debt to collectors
The bank can transfer your loan for collection to third parties only in two options:
- According to Art. 382 of the Civil Code of the Russian Federation, when the debt is completely assigned to a third party. In this case, the lender changes. The debtor's consent is not required for this.
- An agreement is concluded between the bank and the collection agency, in which the latter assumes the functions of a debt collector. This possibility must be specified in the loan agreement.
In both cases, the borrower must be notified of the changes. If this does not happen, then in the first option the borrower has the right to repay the debt to the original creditor; in the second, he can simply ignore attempts at communication from collectors. This way you can stall for time. In turn, banks try to correct the mistake by sending a notification by registered mail. After this, it will be more difficult to evade interaction with collectors.
Recommendations
Regardless of the type of incoming threats, it is recommended to follow several tips:
- Do not panic. A panicking person begins to act rashly, thoughtlessly, which can only lead to a worsening of the situation;
- Don't insult. Do not quarrel with the threatening person, do not try to send him counter threats;
- Don't break the law. It is prohibited to act illegally, i.e. try to solve the problem by illegal means.
Please note: if the target of threats has the opportunity to satisfy the demands made by the criminal without causing harm to himself, then he should do so. This way you can avoid subsequent irreparable consequences.
