Collectors threaten by phone and SMS - where to contact and what to do

How to bring to justice for threats via SMS

If you become a victim of incoming messages of a threatening nature, you must act as follows:

1. When receiving calls from outside numbers, give short, unambiguous answers and do not provide your own name. It will be ideal if you can find out some information about the interlocutor yourself.

When communicating with your opponent, you should remain calm and not react too hotly or inappropriately. Your strictly developed line will make the enemy disarmed, and he will have no claims to make against you.

2. If this is not the first practical case of all kinds of threats, you simply must take appropriate measures. Make sure to install automatic caller ID and use audio recording devices.

So, if you receive threatening text messages and calls, your main goal is to find out the motives of the person on the other end of the line. Please take into account the fact that your application to law enforcement agencies will be accepted for consideration only if you attach physical evidence of the incident. It can be:

• threatening messages in text form;
• recorded conversation using a voice recorder;
• printout of telephone calls.

Having collected a set of evidence, you can contact higher government agencies and wait for the case to be heard. This will allow the violator to be prosecuted to the fullest extent of the law.

If the collector came in person

Because personal communication is provided by law as one of the methods of interaction; debt collectors can come to the defaulter’s home. The client has the right not to open the door and not allow “guests” into the apartment .

Go out to talk in the stairwell or in the yard. If possible, ask a relative or neighbor to be present during the conversation.

If there is no one nearby, tell them that you will be recording the conversation, then turn on the camera or voice recorder. These simple measures will protect the debtor from attacks in personal communication.

I received a threatening SMS

If calls and messages come to the phone, the action plan includes writing an application to law enforcement agencies (police). It must contain all the factual information and provide evidence.

It is important that the document be drawn up in two copies, on which the official will sign and accept one of them, while the second will remain with the applicant.

Attention! If the police did not accept the statement, you have the right to appeal to the prosecutor's office.

So we looked at the reasons why such letters may arrive, and what to do in such a situation. A competent and consistent approach to solving this task will ensure its completion in your favor, and you will get rid of intrusive calls and messages, and the offender will be punished.

Making threats on the phone during a conversation or sending intimidating text messages are not uncommon in our society. Some people just want to vent their anger, others want to achieve what they want, and others want to get sadistic pleasure. Whatever the reason, telephone threats of murder or grievous bodily harm are illegal and punishable under Art. 119 of the Criminal Code of the Russian Federation. How to act and where to turn for help if you receive a threatening phone call or SMS?

Practice in resolving such issues

Judicial practice on issues of excess of their powers by collectors has developed ambiguous. When receiving threats, it is difficult for victims to prove that they were in danger at that moment.

If a vague phrase is uttered: “I cannot guarantee your health” or “I do not guarantee that your life will be safe if you default on the loan,” this is not a direct threat, and it will be difficult to hold the debt collector accountable. But the phrase: “I will kill you” is a clear threat, for which a real prison sentence can be awarded .

To achieve justice, record all conversations, save SMS messages and letters on social networks. Even if the intimidation was indirect, contact the police and NAPCA. Creditors are afraid of determined clients who can fight back and defend their rights.

What to do if they call you on the phone and send you SMS messages with threats?

When faced with threats over the phone, many people try to ignore the attacker: he will get bored and won’t make any more calls. Unfortunately, this does not always work and often makes the situation worse. An inappropriate attacker can easily turn threats into reality, so it’s worth taking action.

The Criminal Code has a special article that provides for punishment for death threats - Art. 119. The norm indicates that it is possible to bring an attacker to justice only in one case - to prove his intentions. Follow a number of rules to protect yourself and bring a telephone terrorist to justice:

1. Find out the attacker's name

When answering an unfamiliar number, do not give your name. But be sure to ask who is calling you and why.

1. Do not panic

When faced with threats for the first time, it can be easy to become confused. Calm down, do not react emotionally - this is exactly the reaction the attacker expects from you. It's better to quickly end the conversation and hang up.

1. Record the conversation

If you are threatened on the phone with enviable frequency, prepare for the next conversation. Install caller ID, a voice recorder and record the conversation. If you don't have audio recording devices, record the conversation on paper. Be sure to indicate the time of the incoming call and its duration.

1. Remember the characteristics of a criminal

Try to get the caller to talk. Threats over the phone can come from a person with a memorable voice or accent. From the conversation you can also find out his name, age, location by the background.

1. Find out the purpose of the call

Ask your interlocutor the reasons and motives for the threats. Try to figure out what the attacker wants from you and how to contact him to fulfill his demands.

The more information you collect about the criminal, the easier it will be for law enforcement to catch him.

Another option to stop threats over the phone is to warn the attacker that the conversation is being recorded and you will contact the police if the calls do not stop. You can also try blacklisting the number or blocking calls from unknown numbers.

If they require a personal meeting with the debtor

Creditors have the right to meet with the borrower no more than once a week. To do this, they call and schedule a convenient time and place.

Don't shy away from meetings. Set up a meeting in a public place, and bring someone you know with you to act as a witness if employees exceed their authority . In the presence of third parties, collectors behave more restrained and calm.

If you avoid meetings with collection specialists, they may unexpectedly show up at your place of registration or at the debtor’s place of work. Such actions can take you by surprise, so agree in advance and mentally prepare for an unpleasant conversation.

Procedure for dealing with threats by phone

The threat of deprivation of life or harm to health is a criminal offense in a number of countries, including Russia, Ukraine, Kazakhstan, etc. In the legislation of the Russian Federation, this act is qualified under Art. 119 of the Criminal Code of the Russian Federation. This means that for such actions you can get a real prison sentence.

At the same time, any actions of an attacker are regarded as a threat to the life and health of a person. This could be personal insults and threats, intimidation on the Internet or by telephone, etc. In other words, the manner in which the crime was committed is important in the collection of evidence, but does not affect the punishment.

A person who receives threats must respond to them correctly. Then there is a real chance to bring the criminal to justice. If intimidation occurs via mobile phone, you must:

1. Find out the name of the caller.
2. Calmly listen to your interlocutor.
3. Record the conversation on a voice recorder.
4. Find out the reason for the threats.
5. Try to find out a way to contact the criminal.

If the attacker continues to threaten lives via SMS, then all messages should be saved on the phone. During a conversation with an unknown person, you should pay attention to all extraneous sounds, noises, etc. If the criminal provides very little information during a call or SMS, you can pretend that he has the wrong number. Then he will have to take additional actions, call back, etc. This will help collect more evidence.

What rights do collectors have and what can’t they do?

The main powers and methods of influencing the debtor, which collectors do not have the right to use, are described in detail in the current legislation. It is important for citizens to know about this in order to prevent violation of their own rights and interests.

What can debt collectors do to a debtor?

Many people are interested in what microloan collectors can do with the debtor? Citizens who have incurred a debt on a loan from an MFO / MCC immediately picture in their heads pictures of “debt collection” by a visiting group of collectors, like in the movies. In reality, everything is limited mainly to SMS messages and calls from debt collectors. In the worst case, if “black” collectors get involved, threats and intimidation are possible, as well as calls from collectors to relatives and to the debtor at work. We will discuss further what collectors have the right to and what they are strictly prohibited from.

Do they have the right to threaten a debtor and what threats are usually received?

The use of threats when influencing a debtor by debt collectors is prohibited by law. However, many creditors actively use such methods. The most common types of threats encountered in practice are:

• a message to an individual that in case of non-repayment of the debt, collectors will take all his property,
• threat of physical harm to the debtor, including his close relatives,
• causing minor damage to the debtor’s property, reputation, and sometimes his health.

ATTENTION. All these actions are contrary to the rules of law, therefore, when faced with such a situation, you must immediately write a statement to the police.

Articles of the law controlling the activities of collectors

The activities of collection agencies are subject to the following regulations of the Russian Federation:

• Civil Code of the Russian Federation (Chapter 24),
• Code of Administrative Offenses of the Russian Federation (Article 13.11),
• Criminal Code of the Russian Federation (Article 137-138),
• Law of the Russian Federation of July 3, 2016 No. 230-FZ,
• Law of the Russian Federation of July 27, 2006 No. 152-FZ (Article 7).

In addition to the above, the activities of collectors are also directly or indirectly regulated by other supporting documents. This includes Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 28, 2012 No. 17, letter of Rospotrebnadzor No. 01/8179-12-32, etc.

How to understand that debt collectors are violating the law

To understand which actions of collectors are legal and which are contrary to the law, you should carefully study the provisions of Law of the Russian Federation No. 230.

What actions of debt collectors are legal?

Professional collectors have the right to use the following measures against debtors:

• calls, sending letters and messages, as well as personal meetings with the borrower (subject to compliance with the time and frequency established by law),
• contact the debtor’s relatives (with the latter’s consent),
• refer the case to a judicial authority,
• involve bailiffs,
• buy borrowers' debts from banks and microfinance organizations.

What collectors are prohibited from doing

According to the provisions of Art. 5 and 8 of Law of the Russian Federation No. 230-FZ, collectors do not have the right to use the following methods of influencing the debtor:

• call, schedule personal meetings at inappropriate times and with a frequency exceeding the limit established by law,
• interact with the borrower’s relatives without his or their consent,
• send threats of various types,
• encroach on the debtor's property,
• use physical force,
• disclose the borrower’s personal data to other persons,
• mislead the debtor,
• make attempts to interact with the borrower if the latter has written an official refusal of any contact with collectors.

Where to contact

Threats made over the phone may not be dangerous, but it's not worth checking. After the first call or message, you should contact the police. Only law enforcement officers can help identify the criminal and collect evidence for trial.

To do this, the victim needs to draw up and submit a corresponding application. For registration, you can use the standard form. You should definitely check whether the application details were entered in a special journal. If the police refuse to accept it (which is illegal), you must complain to the employee’s superiors or to the prosecutor’s office.

Then a check will be carried out not only on the fact of the commission of a crime, but also on the fact that the police officer failed to fulfill his duties. But you can contact the prosecutor’s office directly, since based on the submitted application, prosecutors are also obliged to take certain measures.

The police report must contain:

• details of the head of the department (an application is filled out in his name);
• Full name and contact details of the victim;
• a detailed description of the circumstances of the case;
• information about the attacker (if his identity is known);
• list of evidence;
• list of witnesses (minors can be involved);
• date and signature.

If threats are made against a child, then a statement is written by his parents, guardians or other adult family members.

If the collector threatens to sue

Debt collectors rarely go to court to force collection of a loan, because... They do not benefit from judicial intervention for a number of reasons:

1. legal costs often exceed or equal the amount of the debt;
2. the court may side with the citizen and oblige collectors to write off the debt in whole or in part;
3. After going to court, any interaction with the debtor is prohibited.

In 99% of cases, words about going to court are nothing more than psychological pressure on the client.

If agency employees nevertheless say that they will file a claim, first establish the legality of transferring the loan debt to collectors. To do this, ask the company for all documentation on the assignment of rights. Compare the details of the assignment agreement with the loan agreement.

If you identify inconsistencies or the agency lacks supporting documents, you don’t have to be afraid. This is just a bluff, and collectors will not file a claim for collection.

How to prove the fact of threats

Threats of violence must be punished. But bringing an attacker to real criminal liability is not so simple. The more material evidence the victim has, the easier it will be to punish him. Therefore, it is so important to collect the following evidence:

1. Audio recording. Even if the victim gets confused at the first threatening call and does not have time to turn on the recorder, this can be done later. Typically, attackers try to intimidate their victims for a long time.
2. Witnesses. If there are strangers present during a conversation, it is advisable to turn on the speakerphone. Then it will be heard that the subscriber is trying to threaten. Witness testimony will become additional evidence in court.
3. Call printout. This information is usually provided at the request of law enforcement agencies.
4. SMS. Under no circumstances should they be deleted.

The likelihood of whether a criminal will be punished depends on many factors. For example, from determining the identity of the attacker. If a person threatens to go incognito and uses technical devices to hide personal data, it will be difficult to find him. It’s another matter when all personal information is known to law enforcement agencies.

Regulatory regulation

The activities of loan collection companies are regulated by Federal Law dated July 3, 2016. No. 230-FZ . In Art. 4 of this law lists legal ways of interacting with a defaulter:

• personal meetings;
• phone calls;
• postal items;
• voice and SMS notifications.

Time for communication and sending notifications is limited. On weekdays, interaction is allowed from 8 a.m. to 10 p.m., on weekends/holidays from 9 a.m. to 8 p.m. Collectors have no right to disturb the defaulter at night .

In Art. 6 Federal Law No. 230 lists prohibited actions on the part of agency employees when collecting debt:

• use of physical violence or threat of its use;
• destruction/damage to personal property;
• use of work methods that are dangerous to the life and health of the client;
• exerting psychological pressure;
• humiliation of the honor and dignity of the defaulter and other persons;
• misleading the borrower.

Most often, debt collectors pursue clients who took out a microloan and did not repay it on time. This is due to the fact that MFOs do not have their own collection service, and they engage specialized companies to collect debt.

Banks are less likely to transfer debts to collectors, because If the debt is large, it is more profitable for them to sue the defaulter and forcefully obtain a loan from him.

If a collection company has purchased a debt from a financial institution under an assignment agreement, it can sue the defaulter in court to force collection of the loan.

What is the punishment?

In order for an act to be qualified under Article 119 of the Criminal Code of the Russian Federation, it must have the appropriate characteristics. The object of the crime is the mental state of a person. From the subjective side, the act has direct intent. It is important to distinguish between a threat to commit murder or harm to health and attempted murder.

Reference: the main qualifying feature of the crime under Art. 119 of the Criminal Code of the Russian Federation is the absence of physical violence.

That is, intimidation is expressed verbally or in writing. The display of weapons is also considered a threat to kill. But when there is an attempt on life, the criminal uses certain actions that clearly express his intentions to be completed.

To qualify as a threat to kill or cause bodily harm, it does not matter whether the attacker intended to carry out his threats. The crime is considered completed from the moment criminal intentions are expressed towards the victim. It is also necessary to distinguish between a threat of murder and extortion. Blackmail is always accompanied by demands to perform certain actions. Most often, extortion has the goal of financially enriching the attackers.

As for punishment, then, according to the sanction of Part 1 of Art. 119 of the Criminal Code of the Russian Federation, the offender may face:

1. Forced labor (up to 2 years).
2. Mandatory work (480 hours).
3. Imprisonment for 2 years.
4. Probation (up to 2 years).

If threats were used on the basis of religious, racial or national differences, then the punishment under Article 119 of the Criminal Code of the Russian Federation will be more severe. The sanction of part 2 provides:

1. Forced labor (up to 5 years).
2. Imprisonment (up to 5 years).

In addition, the attacker may be deprived of the right to hold a certain position. The maximum term of imprisonment is 3 years.

Responsibility and punishment

A person cannot actually receive punishment for threats via SMS. But for threats of murder not through SMS (meaning one-on-one), causing grievous harm to life and health under article number 119 of the Criminal Code of the Russian Federation, a person can be punished in the form of a fine and actual imprisonment if he takes action. There are also mandatory jobs.

For intimidation or death threats that are not comparable to reality, for example, the words “I’ll twist the head off” of a fragile girl, it is almost impossible to achieve punishment. Let us note that for the implementation of these types of threats the punishment will be real.

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How to protect yourself from an attacker

The easiest way to protect yourself from a criminal is to contact law enforcement. Where exactly to go, to the police or the prosecutor's office, is up to the victim to decide. You can do otherwise and simply warn the attacker that the investigator is already in possession of the application. This scares the bullies, so they stop harassing the victim with their calls.

Sometimes blocking incoming calls from an unknown number solves the problem with strange calls. But this measure does not always help, since criminals often change SIM cards. You can change your SIM card, but if the attacker has serious intentions, he may find another way to intimidate.

It is still not recommended to ignore such threats, even when they clearly have hooligan rather than personal motives. It is almost impossible to find out whether the person calling is mentally unstable. This means that you will not be able to guarantee absolute safety for yourself and your family.

The invasion of privacy by a stranger with hostile intentions frightens everyone. If an attacker knows the phone number, he may also know the address. And sooner or later they will make their threats come true. Therefore, you should not treat such threats leniently, especially if it is possible to prove the crime and convict the ill-wisher.

Threats on social networks

Social networks are one of the most common ways of communication in the modern world. Through social networks, agency employees can find out the client’s social circle, identify his relatives and colleagues.

The law prohibits writing to a defaulter on social networks without his written consent to such actions . If the collector tries to establish a connection through VKontakte or another site, this is regarded as an invasion of a person’s privacy.

To prevent communication with debt collectors on a social network:

• limit the circle of users who will have access to the profile;
• close the social network page;
• change your last name, remove your photo.

If all else fails and debt collectors continue to write on social networks, contact the prosecutor’s office.

Threats or insults via SMS. What can be done?

For uttering threats you can end up in the dock. First of all, for committing such actions, Article 119 of the Criminal Code is provided for, which is formulated as “Threat of murder or infliction of grievous harm to life and health.”

The legislation contains several norms of Russian criminal law that are responsible for bringing criminals. responsibility for intimidation. The article in the law that provides for punishment for threats is considered to be 119 of the Criminal Code. But liability for threats is not limited to this norm alone - the chapters of the criminal law also provide for signs of threats as part of certain crimes.

The Internet has long become a place of communication not only for users, but also for criminals. That is why, in order to avoid threats via SMS or the Internet, it is strongly advised not to upload photographs of an intimate nature. But even if these recommendations are followed, blackmail or intimidation via SMS is by no means uncommon.

SMS with threats - it is important to understand that all requirements regarding the level of perception of various intimidating phrases by the victim must be met. And at the same time, it will be more difficult to prove guilt. Quite often, threats from debt collectors come via SMS this way.

Example - A woman came to a man, having met him earlier through online dating, but when she met, she didn’t like the gentleman, she refused to go meet him. Further, offended, Ermolaev began sending Morozova SMS and threatening letters, which indicated his intentions to beat her, break her legs, and make her disabled.

The question arises, if you receive threats via SMS, what should you do? A threat via SMS allows you to contact the police. The woman wrote a statement. After the refusal to initiate a case under Article 119, they nevertheless opened it. In this case, the main one was the fact that Ermolaev was serving a sentence for causing harm to health, meeting Morozova every evening near her entrance, as a result of which she had to ask her colleagues to accompany her home.

Can a debtor be threatened?

The main job of collectors is to inform the defaulter about the debt and remind them of the need to repay the loan. At first, the company’s specialists do just that. They call the client and send informational SMS messages.

If the borrower does not respond or avoids communication, a visiting team is sent to him for a personal meeting. But even in this case, employees can only remind the person about the debt and ask to repay it.

Any other actions on the part of collectors are unacceptable. But sometimes they resort to illegal methods such as:

• physical violence;
• intimidation and insults;
• damage to property;
• dissemination of information discrediting the honor and dignity of a person, etc.

For any illegal acts, collectors can be brought to administrative or criminal liability.

Threats from debt collectors

This also includes threats from debt collectors. In order to initiate a case, it is not necessary to go and submit an application - these cases do not have a separate character in the legal sense, but are initiated only upon discovery of the offense itself. In other words, every victim who wishes to bring his offender to justice does not have the right to subsequently “withdraw” his statement, as is possible in case of beatings under Article 116 of the Criminal Code.

Example 1. The collector Petrov I.S. and the debtor Makarov A.S. quarreled in the courtyard of the house, after which Makarov took Makarov by the throat and began to choke him. There were witnesses in the yard of the house who saw everything and called the police. The local police officer who arrived found out the circumstances and gave the matter a turn. Before this, collectors threatened the debtor by sending him SMS over the phone (but it is worth considering that it is almost impossible to hold him accountable for SMS messages alone).

Reality of threats

This is one of the main criteria by which qualifications are actually determined. There is also some nuance here - the main thing is that the victim perceives the ongoing intimidation as if the action could actually be carried out. Circumstances can help to understand how much the victim understood the seriousness of the statements.

The reality of intentions to cause harm may be indicated by:

the use of weapons and other objects that can be used to carry out reprisals. These can be brass knuckles, stun guns (often used by debt collectors), or simply household items. It is not necessary to use them - it is enough to demonstrate the objects in front of the victim and threaten; actions that confirm the words: beating, etc. Threats via SMS, what should I do? The existing article of threats via SMS, Article 163 of the Criminal Code of the Russian Federation, prescribes punishment for carrying out this type of threat. If debt collectors send SMS messages with threats, you should take this as seriously as possible and, if possible, write down these threats. If you receive insults via SMS, then liability for this is not provided for by law.

Example 2. During a conflict between a debtor and collectors, two men got into a verbal altercation, during which citizen V.V. Petrov said to Sidorov: “I would kill you debtor now, but I don’t want to sit.” Since this phrase was thrown during a quarrel, without touching citizen Sidorov, without using funds, the investigator refused to initiate a case under 119 of the Criminal Code (the reason is that there is no reason to consider the threat real, and just the SMS messages that collectors sent earlier in order to intimidate the debtor - obviously not enough).

As we can see, in the example it is impossible to argue about the danger for the male victim, although the applicant himself believes otherwise.

Does the collector have the right to take care of your debt?

Recently, more and more often, disputes have arisen about whether collectors have the right to act on behalf of the creditor and what their powers are. Many argue that collection organizations are completely outlawed. Others claim that they were simply renamed and now many of them are called debt agencies, the activities of which are in no way regulated by Russian law. In any case, collectors have no right to threaten the debtor under any circumstances. His powers include:

• notification of the amount of debt and the period of non-payment;
• expressing your demands for immediate payment of debt;
• negotiations are carried out with the participation of the Russian Post (official correspondence), as well as the debtor’s lawyer and the company’s lawyer;
• if the debtor refuses to pay, the debt with all supporting documents is transferred to the court.

It should be noted that the borrower has the right to protest against the sale of his debt to collectors if his period of delinquency is less than 4 months. Then they undertake to return the debt to the bank and cancel the sale transaction.

It is written about this here: The bank sold the debt to collectors: what to do and who to contact

Do not forget that the creditor has the right to contact any law firm to represent his interests. Which on his behalf has the right to demand payment of debts on the basis of a previously signed agreement. For this, the consent of the debtor himself is not required!

FAQ

If the debt was sold to collectors, is it worth repaying it?

If you have a debt and you are not going to go through the personal bankruptcy procedure, then you will have to pay it off; no one will forgive you the debt. There is a lot of fraud in this area now. Therefore, first of all, find out from the first creditor whether your debt was actually sold to collectors. Then ask the collectors for a document on the basis of which they demand money from you. And be sure to get a certificate from the first creditor with the exact amount of your debt. Ask a question that interests you - contact the online consultant form on the right.

Can you trust organizations that promise to legally get rid of debts?

The only legal way to get rid of dogs today is bankruptcy. There are many companies on the market that provide this service and most of them can be trusted. If you have chosen an organization, then read the reviews, see how many years it has been operating. Ask for the name of the arbitration manager with whom they work and check it against the EFRSB database. Ask a question that interests you - contact the online consultant form on the right.

Can collectors come to my place of registration if I don’t live there?

Yes they can. If you do not live there and do not want to communicate with collectors, then warn those who live there that collectors may come and not to give your contacts to them. Ask a question that interests you - contact the online consultant form on the right.

Summary

If a collection service representative threatens a defaulter or relatives, remember:

• the main task of agency employees is to inform about the debt;
• intimidation, insults, physical violence - illegal methods of influence;
• Debt collectors can go to court to force collection of a loan, but they do this extremely rarely;
• specialists do not have the right to damage the client’s property;
• If collectors exceed their authority, contact NAPCA, the prosecutor's office or the police.

More…

1. Where to apply for compulsory motor liability insurance for a victim after an accident
2. What to do if the bank transferred the debt to collectors
3. What to do if the husband took out loans without his wife’s knowledge and does not pay, is the wife responsible?
4. Do debt collectors have the right to sue a debtor?