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Legal Intellectual

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Q

I am being subjected to illegal debt collection.

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Hello. I am being subjected to debt collection by loan sharks. At first they urged repayment by phone, but now they call several times a day, hurl abuse, or threaten to come to my family or workplace. It is true that I borrowed money, but I do not know whether threatening and intimidating me like this is normal collection. In a case like this, may I report it to the police as illegal debt collection?

illegal debt collection

A

Answer to Related Inquiry

The situation you describe constitutes illegal debt collection.


The Fair Debt Collection Practices Act prohibits all such acts by a creditor in the process of recovering a claim from a debtor, including abusive language, threats, repeated contact, nighttime visits, disclosure to third parties, and physical threats.

Therefore, even if a debt exists, applying pressure in this manner is not legally permitted.

If loan sharks or the like continue threatening collection, you should report it immediately to the Financial Supervisory Service (1332) or the police (112), and you can also file a report through the Illegal Finance Report Center on the Financial Supervisory Service website.

At this time, it is important to secure materials that can prove the illegal collection, such as call recordings, text messages, contracts, and transaction records.

In addition, where there is concern about a threat to personal safety due to illegal debt collection, you can receive protection through the system for guaranteeing the personal safety of reporters.

A reporter may report anonymously or under a pseudonym, and at the investigation stage, protective measures such as conducting separate questioning of the reporter and the suspect, accompaniment when attending and returning home, and patrols of the residence are available.

However, in addition to such institutional protection, where an actual threat is being made, running professional security services in parallel helps ensure safety.


In particular, if you suspect being followed, surveilled, or that your family is being threatened near your residence or workplace, it is advisable to report it to the police immediately and, at the same time, to run physical personal-protection measures through a security center in parallel.

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