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Q
Is punishment for illegal debt collection possible?
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Hello. Recently, because of money I borrowed through a moneylender, I keep receiving demands for repayment, and now, beyond mere demands, they hurl abuse, call late at night, and even threaten to come to my workplace or home. It is true that I have a debt, but I do not know whether this manner is illegal, and it is truly threatening, so I would like to know whether punishment is possible. Also, I feel unsafe; in a case like this, how should I go about reporting to the police or receiving other protective measures?
punishment for illegal debt collection
illegal debt collection
Answer to Related Inquiry
Author: 정찬우
The circumstances you describe are a typical case that falls within the scope of punishment for illegal debt collection.
The Fair Debt Collection Practices Act clearly prohibits pressuring acts by a creditor, even where a debt exists, such as threats, abusive language, repeated contact, continuous calls during nighttime and early-morning hours, threats to notify the workplace or family, and visits or tracking.
Therefore, the acts you describe may all constitute illegal debt collection subject to criminal punishment.
To request punishment for illegal debt collection, you can report it to the police (112) or to the Illegal Finance Report Center of the Financial Supervisory Service (1332).
At this time, if you secure objective materials to support your report, such as call recordings, the contents of texts and messengers, outgoing-call records, photos and videos of the circumstances of visits, and contracts and financial transaction records, the investigation will proceed much more smoothly.
In addition, as you describe, if you feel a threat to your personal safety, it is advisable to consider personal-protection measures as well, beyond a simple report.
However, where the illegal-collection perpetrator actually approaches, or where being followed or surveilled is suspected, institutional measures alone may not sufficiently relieve the anxiety.
In such a case, it is safer to also consider a plan to strengthen physical protection, centered on your main areas of daily life, by using professional security personnel.
Ultimately, the current situation may clearly fall within the scope of punishment for illegal debt collection, and at the same time it appears to be a situation that also requires personal-protection measures, so running the protective support of specialized institutions and a security center in parallel with a police report is the safest way to respond.
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