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Please tell me the types of illegal debt collection and how to resolve it.
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Hello, Gangnam criminal attorney. Last year, my business went bankrupt, so I ended up borrowing money even from a loan shark. The loan sharks frequently come to my house, cause a commotion, and demand that I repay the money. It is true that I borrowed the money.. but they use such extreme methods that they make my life unbearable.. it seems to be going too far. Looking into it a little, it seems I can file a lawsuit for illegal debt collection. Is that right? Please tell me how to resolve it.
Debt collection
Answer to Related Inquiry
Author: 정찬우
Hello. This is a Gangnam criminal attorney.
I am very sorry to hear that you are currently suffering serious distress from illegal debt collection.
The situation you describe is highly likely to constitute a violation of the Fair Debt Collection Practices Act, and it can be subject to criminal punishment of up to 5 years of imprisonment or a fine of up to 50 million won.
Illegal debt collection is carried out in various ways.
▲When the debt collector does not disclose their identity or impersonates the court or the prosecution
▲When they use abusive language, threats, or physical intimidation
▲Repeated calls and texts after 9 p.m. or during the early morning hours
▲The act of informing a third party, such as family members or company colleagues, of the debt, and the like.
In order to respond to such illegal collection, the following methods are important.
First, securing evidence is most important.
Systematically collect call recordings, screenshots of text messages, video footage taken during visits, and the like.
Second, you should request that the debt collection company stop the collection through a certified content mail. This can be used as important evidence in future litigation.
Third, if you report to the Financial Supervisory Service (1322), the police, or a local government, administrative and criminal dispositions may proceed.
If the illegal debt collection continues or leads to physical threats, receiving help from a specialized institution such as the security center of Daeryun Law LLC is also a good approach.
Daeryun Law LLC provides not only legal consultation regarding illegal collection and representation in damages lawsuits but also personal protection services and accompaniment services, thereby helping with both personal safety and psychological stability.
Please do not agonize alone, but actively make use of legal protection and consult a Gangnam criminal attorney about your case.
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