In addition to the possession of money being seized, lending money is for trust, respecting relationships, loving people who want to help people in difficult circumstances overcome fate, lending money is lending trust. , thinking that I have treated them well, they will not betray my kindness, and then there are many cases of borrowing to lend, interest-free or low-interest loans to help each other…
In such cases, debt collectors must be very upset, hurt, and lose their trust, so they often cannot keep their composure before the debtor’s contemptuous and ignoring attitude.
Second, many creditors are not lenders, so they often lack knowledge in this area. They often make basic mistakes when collecting debts, becoming lawbreakers without knowing it. It is not difficult to see the creditor demanding life and death with the debtor if the debtor continues to beg, break his promise, do not pay, and in many cases they have made the threat without even realizing it. realize that you are breaking the law.
In the above case, after learning about Kien’s family background, we are very sorry, both angry and hurt at the accused and the one who suffers the most is the accused’s wife and two children, because of the limitations. legal knowledge has pushed a family into separation and unhappiness.
It is known that Kien’s daughter is only 1 year old, Kien’s wife, even though she has been married for 20 years, can only live with her husband for 5 years, the rest is the scene of her husband’s imprisonment for his wife to raise children. Last time Kien went to prison for robbery when Kien’s first son was 1 year old, the value of the property that Kien robbed was thirty-five thousand dong in exchange for 10 years in prison.
This time, when the second daughter that Kien loved so much was only 1 year old, Kien was entangled in labor again. Kien was very confident when he went to help Luyen, when Luyen asked Kien: “Is that okay”, Kien replied: “If you go to collect your debt like a tooth, I guarantee it is legal, you can rest assured that I understand.” . When the police entered the house to invite Kien to the headquarters, he also told his wife: “You can rest assured when you come back”, but Kien left and has been detained since then, Tet can’t come back and it’s still a long way to go.
As for Luyen, from an honest, gentle businessman who did not dare to raise his voice to anyone, now because of debt collection, he has not been able to get the debt, but he has to face severe punishment. Although he was released on bail during the investigation, he lived restlessly, and because he believed that Kien was knowledgeable, he now hated Kien and dragged himself into the labor force.
So what is wrong with Mrs. Hoa? Lawyer Tran Xuan Tien said that he and the lawyers in the Office are asking the investigating agency to clarify her behavior of “having money not paying”, clearly Ms. Hoa has money in her account but has not paid Luyen. It was not until after the incident happened that she paid, so there were signs of abuse of trust, appropriation of property according to Article 175 of the Penal Code 2015 amended and supplemented in 2017.
In any case, this is also a wake-up lesson for those who are still subjective and overconfident like K, going to debt collection did not get the debt, but it also led to the conclusion that both the creditor and the debtor were in charge. Getting involved in the labor cycle is bittersweet.
How to collect debt without breaking the law?
So the question is how is debt collection legal, how to collect debt without breaking the law?
From experience in debt collection, Lawyer Tran Xuan Tien believes that there will be no formula or model for successful and legal debt collection for every case. Debt collectors must first understand the law, understand the limits set by the law.
For each specific case, the debt collector must grasp the nature and cause of the debt, analyze each related object, and the relationship of the parties to have the right approach and behavior. skillfully, in accordance with the provisions of the law. In the above case, if Luyen and Kien only went to meet Hoa at the bus station to persuade Hoa to return, convincing her to have a reasonable situation for Hoa to repay, without threatening Hoa with words.
Besides, Kien also did not agree to let Hoa transfer money to his account but asked to transfer to Luyen’s account or did not have a video camera, the evidence to prove that Kien and Luyen committed the crime of robbery is very difficult because of the fact that the two of them have not had any external impact on Ms. Hoa.
Thus, in order to legally collect debts, debt collectors must first understand the law and regulations in debt collection in terms of time, methods and approaches; Then there are the skills of experience, handling debt collection situations in each case with appropriate and effective behaviors, followed by “having a cool head and a warm heart” to collect debts.
It is very important to control behavior and emotions, and to control impulsive and impulsive behaviors because it is likely that debt collectors have legal knowledge and experience, but because they are too angry, their emotions cannot be controlled. Overwhelming the will to “get too angry”, it is necessary to always keep a cool head. But why have a warm heart? Need a warm heart to sympathize and share with unfortunate, ill and difficult situations but still have goodwill to repay the debt, or the debtor still has humanity and morality, the debt collector must know how to open the ray. hope, light for debtors to realize that having a loan is a moral and ethical human…
The story of “debt collection” is easy to say, but it is not easy to practice because each case is a situation, each subject has a feeling, covering it are strict but intertwined legal regulations. and there is always a thin line between the illegal and the legal.
(The character name was changed)