Knowledge of how to legally collect the debt will be useful in the future. How to collect debt legally must be known by the creditor who gives the debt to someone. You must have seen the news about debt collectors who collect debts from debtors arbitrarily. Starting from being yelled at, shouted at, to threats that lead to physical violence often occur in debt problems.
Therefore, knowing collecting debt legally is also important if our position is as a debtor. How to retrieve our borrowed money without creating unnecessary conflicts. Honestly, who doesn’t get annoyed when they are in a position to collect debts from someone. Moreover, when the debtor is reluctant to pay for various reasons. Must be annoyed, right?
If the money is only a little, it might be a trivial matter. But if the money is already worth a very large amount, of course, it becomes a serious problem. If the value is large, you might consider how to legally collect a debt. But how?
From a legal perspective, debt problems that occur between two parties are categorized within the scope of civil law, namely the basic law that regulates individual interests. This means that debt settlement cannot be brought to the criminal realm. However, the problem of debt can be entered into the realm of a crime if later found criminal elements such as fraud.
Assume that Budi has a debt that Anton has not paid for $1000. Tired of collecting and procrastinating, Budi intends to file a complaint against Anton to the police using criminal means. Budi’s report, of course, was rejected by the police because this matter is not a criminal matter.
No one by a court decision may be sentenced to imprisonment based on reasons of inability to fulfill an obligation in a debt agreement.” Although it cannot be brought to the realm of criminality, it is still possible to collect debts that can be brought to the law through civil channels. The creditor can question the Law on Fiduciary Guarantees.
What is a Fiduciary? Fiduciary is the surrender of ownership of an object on the belief that the object’s property rights remain in the control of the owner of the object.
If a person does not pay the debt by the agreement of the two parties, it means that he does not fulfill his obligations as agreed. In other words, the debt borrower commits a “breach of promise”.
So the legal mechanism in the fiduciary article can be used to sue in court. If the debt borrower is proven to have defaulted, the lender has the right to sell the fiduciary which is a guarantee in his power.
The following are debt collection quotes and things to do wisely when collecting the debt:
Professional Debt Collection Agent Avoid intimidation and thuggery
Professional debt collection agents will always collect debts from someone in a good way without intimidation and bullying, verbally or physically.
The practice of intimidation and thuggery is still carried out by financial service officers, both formal and non-formal. hire the services of a fake debt collector to press debtors to want to pay debts.
Not infrequently, they confiscate the belongings of the debtor at will. Worse yet, fake debt collectors also often intimidate those closest to the debtor. They are not involved in the debt problem.
Don’t worry about renting a debt collection in the USA and this professional London debt collection agency:
Because they will not do intimidation and thuggery to debtors.
Debt collector agents who forcefully carry debtor’s belongings can violate the law, you know. They could have been brought to the authorities for theft.
So, this Professional Debt Collection Agent will not confiscate the debtor’s goods that are theft. As explained above, Professional Debt Collection Agents use wise and appropriate legal channels.
The threat of intimidation also does not only apply to debtors or other financial services, credit card users can also be one of the targets of unscrupulous debt collectors.
If the creditor is a credit card user, know well how the debt collector rules in carrying out their role according to the rules.
The following are debt collection ethics carried out by professional debt collector agents:
- Professional debt collector agents use an official identity card issued by the credit card issuer and include a photo of the person concerned.
- Do not charge in a threatening, violent, or humiliating way to the credit cardholder.
- Do not collect by giving physical or verbal pressure.
- No billing to non-credit cardholders.
- Do not charge by calling continuously without knowing the time.
- Professional Debt collector agents only bill at the billing address or domicile of the debtor.
- The debt collection time is done at certain hours.
- Billing outside the specified address and time is carried out with an agreement or agreement with the credit card user.
From the description above, the best debt collection agents have the Legal skills that make Creditors successful – intelligence, objective ability, quick thinking / adapting to new situations, good diction and communication skills, problem-solving skills, and some charisma. However, debt collector agents with these skills will not succeed unless they have expertise in law and social skills.