5 important rules for what to do if threatened over the phone

Telephone threats can unsettle anyone when they are repeated day after day. But threats are different. If they call you and say that they have sent you a curse or a curse of thrones, this is most likely not serious. Law enforcement agencies rarely respond to such calls. But if they threaten to kill you and your children and at the same time call their names and school address, you should be wary.

People who threaten you over the phone with murder, torture, beatings can pay for this with forced labor for 20 days or restriction of freedom for various periods, they can be arrested and even imprisoned for 2 years.

They will be given such punishments if the victim really has reason to fear what they are threatening. Intimidation is considered real if there are facts indicating surveillance of the victim and his relatives.

Threats that are associated with political motives, ideological, racial hatred are fraught with punishment in the form of forced labor or imprisonment for up to 5 years. Such people will also be prohibited from working in certain positions and holding certain positions. Such provisions are contained in Article 119 of the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation).

If there is no real threat to life and health, then there is no corpus delicti. But if the person being threatened knows the person on the other end of the line, he can take the case to court. In order not to be unfounded, he can record a threatening conversation on a telephone recorder.

It is advisable to structure the conversation in such a way that the threatening person gives himself away - gives the name and facts regarding the relationship with the interlocutor. Only if there is any evidence will the police begin to deal with such a case. You won't have to wait for anything else. And, in any case, immediately enlist the support of a lawyer.

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Types of telephone threats

There are many reasons why you receive threats over the phone. It can be:

• conflicts at work;
• presence of debts to banks.

Particular attention should be paid to the behavior of adolescent children. Among companies of this age, at school, conflicts and misunderstandings often arise. This can lead to constant threats and bullying via telephone.

Threats can come both through calls and messages. Criminals often choose to send messages via Viber or send messages on social networks for these purposes.

Where to go if you receive threats over the phone

If a person repeatedly faces threats by phone against him, he needs to take immediate action. First of all, you need to file a police report. It is recommended to first record at least one telephone conversation, since without evidence the application may not be accepted.

The statement must indicate all known information about the attackers, describe the purpose of the calls, and the subject of the threat. It is recommended that the text describe in as much detail as possible:

1. Everything that is known about the caller, how he introduces himself, and on whose behalf he acts.
2. Suspects with whom there may be conflict situations.
3. Time and duration of calls, list what dates it was on.
4. Details of the conversation, subject of threats.

If there were witnesses present during the conversation, they must be indicated in the application.

The appeal to the police is drawn up in two copies. On one of them the police officer must put an acceptance mark. One statement remains with the police, the second is marked on the applicant’s hands.

If the attacker does not threaten to kill, the application may be refused because there is no real threat.

If police officers refuse to accept an application without reasons and do not conduct a detailed check of the facts stated in the application, the citizen can write a complaint to the Prosecutor's Office. The same action can be performed if the police accepted the statement, but no measures are taken.

Laws regulating collection activities

To determine the grounds for filing complaints against debt collectors, you need to know the law that governs their work.

Material on the topic

Law on collectors. Who are they: bandits or civilized collectors? Who regulates the work of collectors, what is the register of collection agencies, what standards are debt collectors required to comply with, and what they categorically do not have the right to do or say. Where to complain about debt collectors.

Collection companies are professionally engaged in debt collection, and their work must comply with Law No. 230-FZ - this is the main governing document in the field of collection activities, defining the rights and responsibilities of debt collectors.

If collectors violate the law and the rights of the debtor, they face administrative or even criminal liability.

It is difficult to independently understand the norms of laws and judicial practice if you do not have a legal education. We have written down the main articles to refer to when talking with a debt collector and when preparing a complaint.

You can also contact our lawyers, who will explain the nuances of the legislation and help you correctly draw up a complaint or application against debt collectors.

How to communicate with an attacker

The threat of causing harm to health or deprivation of life is a criminal offense in the Russian Federation. It is qualified under Article 119 of the Criminal Code of the Russian Federation. Any actions of criminals can be regarded as a threat to life and health. This includes personal insults, threats made in telephone conversations, and messages on social networks and SMS. The method of committing the crime is not important; it does not affect the punishment.

Regular threats can significantly ruin a person’s life. Therefore, it is important to respond to them correctly. Only competent actions will help bring the criminal to justice. If an attacker calls your mobile phone, you need to do the following:

• find out and remember the name of the caller;
• listen to his demands, claims;
• record the entire conversation on a voice recorder;
• find out the reason why the threats are coming.

It is important during the conversation to try to find out from the attacker how to communicate with him. They often call from mobile phones that are registered to third parties. If a criminal makes threats by sending SMS, then they all need to be saved in the phone’s memory.

It is recommended to pay special attention to extraneous sounds that are heard during conversations. This may help in the investigation of the case. Experts recommend that if the criminal refuses to provide his information, you can say that he has the wrong number or simply stop talking. In this case, he will be forced to call back again. Perhaps this will allow us to collect more detailed information.

What not to do

It is difficult to predict the reaction of a person who is being threatened. It is often unpredictable. People begin to get lost, they don’t know what to do correctly, in what manner to conduct a conversation. It is recommended to use the following rules:

1. You cannot enter into conflict with an attacker or respond to him with threats. The conversation should be conducted calmly, measuredly, trying to analyze and remember all the information. Often people cannot remember the details of a conversation due to anxiety.
2. If you can’t pull yourself together, it’s best to temporarily stop the conversation. A short pause will help you tune in and prepare yourself for a possible call again.
3. Don't give your name right away.
4. Threatening messages and calls cannot be ignored. It is important to contact the police immediately.

Many citizens make a big mistake. As soon as they become victims of attackers, they immediately change SIM cards. This is only temporary relief. It can provoke more active and aggressive actions on the part of the criminal.

How to complain correctly

To choose which authorities to file a complaint with, it is necessary to assess the nature of the violation and check the provisions of the law. General control over collection activities is carried out by the FSSP.

Based on the results of inspections, bailiffs can:

• revoke the certificate and remove the agency from the register,
• initiate an administrative case,
• impose a significant fine on the collection agency.

There are other departments that are able to stop lawlessness on the part of collectors and protect the interests of citizens and creditors.

Where to file a complaint

Bailiffs accept complaints about any violations related to the work of collectors. The FSSP reports violations by agencies that are and are not on the register, too frequent letters, night calls, extortion and other illegal actions. A complaint can be submitted in person, by mail or online.

During the coronavirus pandemic, the FSSP organized the reception of documents through special boxes installed in front of the entrance to the building.

In addition, the debtor has the right to complain to the following departments:

• the prosecutor's office
  is a supervisory body that considers appeals for any violations of the law. For example, file a complaint with the prosecutor if the bailiffs refused to check the work of the collectors;
• financial ombudsman
  - specialists of this service are authorized to resolve any disputes related to the financial obligations of citizens;
• in the Ministry of Internal Affairs
  - if the actions of debt collectors contain signs of a criminal offense;
• to Roskomnadzor
  - if the collection agency violates the rules of calls and sending SMS, posts the defaulter’s personal data on the Internet, informs colleagues and neighbors about the debt;
• to the Central Bank of the Russian Federation
  - if the violation was committed by a bank or microfinance organization.

Report the collector's actions to the head of the organization at the central office. It also helps to contact SRO NAPKA if the collection agency is part of it.

It is not prohibited to contact several departments at once. For example, if a collector calls, stands guard at the entrance, meetings are accompanied by threats, notify the police, file a complaint with the FSSP and NAPCA.

If you find it difficult to choose an authority to appeal, consult our lawyers.

How to prove the fact of threats over the phone

Threats via SMS and telephone conversations should not be ignored. For them, the criminal must be punished. But the difficulty is that it is very difficult to attract real criminal punishment. To do this, you need to collect all possible evidence. It can be:

1. Recording a conversation - if you were unable to turn on the recorder during the first conversation, you need to prepare in advance for the next call. Most often, criminals do not limit themselves to one call; they try to terrorize the victim for a long time.
2. Witnesses to the incident - if there are witnesses nearby, it is recommended to put the phone on speaker so that they can hear the words of the attacker. People present during the conversation will be able to later testify in court.
3. Call printout - you can get it yourself through your mobile operator; police officers can also make a request for details of incoming calls.
4. SMS messages - they must be saved in full.

The possibility of applying punishment to the criminal depends on how accurately the evidence is collected. If he does not introduce himself and uses various technical means that hide information about him, then it is very difficult to find the attacker.

What actions of collectors are considered legal?

The work of collection firms initially causes negativity on the part of the debtor, his relatives and friends. However, such activity is completely legal if the claimant:

• represents the interests of a bank or microfinance organization under an agency agreement;
• bought out the debt on assignment.

Therefore, when you first talk to collectors, immediately clarify on what basis they are demanding the debt from you. You can write down the date and number of the assignment agreement, and request copies of documents on the sale of your debt.

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It makes no sense to file a complaint against debt collectors with the FSSP or other authorized bodies as long as the method of debt collection complies with the law. The operating rules are listed in Art. 4 and art. 7 Federal Law No. 230. What the collector has the right to do:

Collection agencies are required to:

• be in the FSSP register and have a certificate;
• report the grounds for debt collection, information about the company and its specialist, the amount of debt and interest;
• interact only with the debtor himself, but not with his relatives, colleagues, friends (except for guarantors, co-borrowers and heirs who received the debts of the deceased borrower);
• comply with the requirements of Law No. 230-FZ regarding the number and time periods of calls, SMS, personal meetings;
• observe the principle of inviolability of home and private property;
• respect the rights of citizens, including the protection of personal data and personal integrity;
• stop interaction after receiving a written refusal from the debtor or filing an application for bankruptcy.

If the collection company complies with these requirements - the employee calls twice a week, communicates politely in a businesslike tone, the appeal will not bring results. Since they have few rights, such companies usually treat the debtor quite flexibly and it is quite possible to agree on installment plans and a discount with them.

Violations of the law are often committed by “black” illegal collectors who are not on the FSSP register. In this case, the most effective protective measure would be to contact law enforcement agencies.

What is the punishment for threats?

Threats made by telephone are qualified under Article 119 of the Criminal Code of the Russian Federation. But in order for this to be possible, there must be signs corresponding to the crime. The object in this case will be the human psyche; actions are aimed at disrupting the stabilization of its condition. From a subjective point of view, the attacker’s actions must have direct intent. It is important to distinguish between the threat of harm and the commission of murder and attempt.

Based on Article 119 of the Criminal Code, the absence of physical violence is a qualifying feature.

Intimidation is expressed only through verbal and written threats. If the victim is shown a weapon, this already qualifies as a threat to kill. When it comes to an attempt, the criminal must show actions that indicate his intention to complete the matter.

Based on Part 1 of Article 119 of the Criminal Code, punishment for telephone threats can be imposed:

• imprisonment for up to two years;
• suspended sentence for two years;
• forced labor.

If the threats are of a religious nature, the punishment becomes more severe. The offender may be sentenced to imprisonment for up to five years.

How often do Russian debtors complain about debt collectors?

During the period from January to August 2022, our citizens filed 26.2 thousand complaints with the FSSP about violations committed by collection agencies when collecting overdue debts. This is evidenced by statistics from the supervisory body of the overdue collection market - the FSSP. Over 8 months, the service considered 19.6 thousand complaints on the merits, recognizing 15.4% as justified.

This is a little more than 3 thousand complaints. The FSSP has been disclosing monthly statistics on handling complaints only since the beginning of 2022, so there is no data on complaints from individuals. persons for the same period of 2022 are not publicly available. For the entire 2022, citizens submitted a little more than 37 thousand negative reviews to collectors, and of the applications reviewed, the bailiffs considered 11.6% justified.

President of the collectors' trade union - SRO NAPKA Elman Mehdiyev gives slightly different statistics. According to him, in 2022, only 9% of complaints received by NAPCA about the actions of collectors were confirmed by practice during their investigation.

Over the eight months of this year, the FSSP initiated 2.7 thousand administrative cases under Art. 14.57 of the Administrative Code, which provides for liability for violations when collecting debts from individuals. 77% of them have already resulted in fines amounting to 67.2 million rubles. In 2020, fines were issued in 82.7% of such administrative cases against collectors, and the amount of fines paid was close to 90 million rubles.

It is against collection agencies included in the FSSP register that consumers have begun to complain less frequently. According to bailiffs, in January-August the number of negative reviews of the work of such companies decreased by 6% compared to the same period last year.

But at the same time, the FSSP compiled 28% more protocols on administrative violations, and the amount of fines imposed on professional collectors approached 50 million rubles. (23% increase). “One legal entity was sentenced to administrative suspension of activities,” said a representative of the FSSP.

Application processing time

The standard period for consideration of applications by government agencies is 30 days. But there are a number of exceptions:

• upon receiving a report of criminal acts, a police squad is obliged to arrive at the scene immediately;
• statements about crimes or administrative violations must be verified within 3 days, and in exceptional cases the period is extended to 15 days;
• inspection at SRO "NAPKA" is carried out within 15 days.

Roskomnadzor is also obliged to immediately consider a complaint if the right to protection of a citizen’s personal data is violated. For example, pages with information on the Internet can be temporarily blocked even without a court decision. Permanent blocking with deletion of information and imposition of a fine occurs on the basis of a judicial act.

Sample complaint against debt collectors to Roskomnadzor (18.4 KB)

How to compensate for moral damage

Since threats involve destabilizing the victim’s mental state, you can go to court for compensation for moral damages. This is possible after a criminal case has been initiated.

To prove moral damages, you will need to provide evidence. This may be a certificate from a doctor, which will indicate that the person has suffered health problems due to stress.

Witness testimony of the plaintiff’s severe psychological state plays a major role in the consideration of the case in court.