What the debt collector can do is sue the debtor. However, this is a last resort, which is used when soft recovery methods fail. If there is legal proceedings, the debt collector will have to show that the debt really exists and that it has not expired
Who is the debt collector?
For many people, the debt vindicator is associated with a court bailiff. Nothing more wrong! The debt collector is not a civil servant but an employee of a private debt collection company that collects debts. Thus, his actions are in no way related to the ruling activities of the state. It looks different in relation to the court bailiff. This, using the powers granted to him by the state, has a relatively wide range of powers.
In addition, the bailiff operates on the basis of a specific legal order that he must follow. He also has the obligation to respect the provisions of generally applicable law in his proceedings. The bailiff is subject to legal liability before the court and the competent bailiffs self-government authorities. On the other hand, debt vouchers are only subject to the regulations in force in a given debt collection company. Unfortunately, most of the time for exceeding the powers nothing is threatening the debt collector! Fortunately, this does not mean that the debtor has no rights. If you want to be sure that the employee of the debt collection agency does not exceed your rights, it is worth checking in advance what the debt voucher can collect.
Recovery is soft and hard
Debt collection is soft as the name suggests is to act as a settlement. Its characteristic feature is the delicate treatment of the debtor by the debt collector and an attempt to persuade him to cooperate, i.e. to pay the debt. The methods used in this type of debt collection include phones and text messages reminiscent of the need to repay debts or monies.
If the soft recovery fails, the debt collector has the right to reach for hard debt recovery. The purpose of hard debt recovery is to prompt the debtor to settle the obligation as quickly as possible. The methods used in hard debt collection include the initiation of court proceedings, the initiation of enforcement proceedings or conducting an economic interview. A person who fails to pay his debts is also entered in the debtors’ registers. Information on indebtedness may also appear on the pages of debt exchanges.
What can the debt vouchers be?
If we are late in repaying our debt, our debt may be transferred to a debt collection company. Her main task is to recover her debts. Thus, the debt vindicator will seek to enforce the debt through a settlement. He will also try to find out the delay in repayment. In addition, he will try to contact the debtor about repayment of the loan.
What can the debt vouchers be? He has the right to show us the consequences of non-payment. His powers are limited to attempts to contact the debtor in writing and by phone and make an appointment with him (on condition that the indebted person agrees). Remember that if we ignore the actions of the debt collector, the creditor will most likely try to recover the funds due to him in court.
What can not the debt vouchers be?
If we are debtors and we are afraid of debt collection proceedings, let’s get acquainted with your rights. The actions that can not be taken by the debtor debt collector in relation to the debtor are:
- Entering the apartment without the consent of the debtor – if we do not let the debt collector, he has no right to enter our house or flat. He can not use coercion against us or enter the property we occupy with the police. If the debt collector entered our house without our knowledge or consent, he committed a crime of violating the home. This is art. 193 of the Penal Code.
- Intimidation of the debtor – the debt collector can not threaten us with a bailiff, court or instituting proceedings aimed at reimbursement. If he does, he commits the offense described in art. 191 § 1 and 2 of the Criminal Code.
- Performing eviction from the occupied premises – if the debt collector applies physical violence to the debtor, he / she commits an offense related to the violation of bodily immunity (Article 217 § 1 of the Criminal Code).
- Taking things that are the property of the debtor – if the debt collector is allowed to do so, he commits a crime of theft of ordinary, robbery, robbery theft or extortion
(Article 278 § 1 of the Penal Code, Article 280 § 1 of the Penal Code, Article 281 of the Penal Code, Article 282 of the Penal Code).
- Attachment of a bank account – in a situation where the debt collector claims that this is how he will enforce the repayment, he exposes himself to the crime of fraud. It results from art. 286 § 1 of the penal code
Debt vindicator can not also require the debtor to give him money under duress. Such action in accordance with art. 280 § 1 of the Penal Code and Art. 282 of the Penal Code may constitute a crime. Nor does he have the right to threaten the debtor with his remuneration, pension or disability pension.
What is not yet a debt collector is to inform third parties (including the employer) about existing debt. This also applies to the debtor’s family. In a situation where the debt collector has taken such steps, we may suspect him of harassment (Article 190a of the Criminal Code) or defamation (Article 212 § 1 of the Criminal Code).
What kind of rights does the debtor have?
Exceeding the rights by the debt collector is the basis for suing him in civil proceedings for infringement of personal rights (Article 24 § 1 of the Civil Code). What else is not an employee of a debt collection agency allowed? He has no right to harass the debtor by phone or text, even if the purpose of such an attempt to contact is to induce debt repayment. It is worth knowing that we also have no obligation to provide our personal data to us, including sensitive data.
If the debt collector exceeds his powers, we can report it to the creditor. We also have the right to submit appropriate notification to the police and prosecutors. Remember that he is obliged to obey the law and act in accordance with it. Although the powers of the debt collector are not very wide, it is worth trying to communicate with him. This will protect us against further requests for payment and the initiation of court proceedings.