A new law on the manifolds is under consideration in the State Duma and has not yet been adopted. But with the project of collection law, we can already see in legal systems (for example, "Consultant" or "guarantor"), as well as on the Federal portal of projects of normative legal acts. To search for a new law on collectors it is important to know its correct name – Federal law on the activities of debt collectors.
The rights of the collectors under the new law on debt collection activities
In order to collect the debt under the new law, the collector may apply the following types of interaction with the debtor is:
- personal meeting, telephone talks;
- SMS, email, etc.;
- letters sent through the mail or Fax.
To apply any other methods of influence on the debtor, the collector may only with the written consent of the debtor. Such consent must be given by the debtor not earlier than the month after the delinquency on the loan. The rules of the new law actually prohibit collectors professional collectors:
- to communicate with relatives of the debtor,
- to contact his or her employer,
- post information about the debtor on the Internet or in his house.
Who cannot be a claimant under the new law on the collectors?
In the debt collection law prohibits the implementation of collection activities by persons with:
- removed from or outstanding convictions for economic crimes or against the person (for example, those citizens who have previously been convicted of murder or theft);
- diseases which impede activities of debt collectors (the list of such diseases shall recognize the officials).
What I can't do headers on the new law on the collectors?
Professional claimants have no rights under collection law for the following:
- to threaten physical violence or use violence;
- to damage the property or threaten such actions;
- to humiliate the honor and dignity of the debtor's words or actions;
- call, write or personally meet with the minor, incapacitated persons or persons in a psychiatric hospital.
Restrictions on appeal collectors the new collectors
New collection act contains a number of restrictions related to the application of the latter to the debtor. These limits apply personal meetings, telephone conversations and correspondence. For example, the collector has no right to call or meet with the debtor more than:
- 1 times a day;
- 3 times a week;
- 10 times a month.
In addition, the debtor may avoid contact with the manifold, if it is on treatment in a medical facility, his age exceeds 70 years. Communicating with collectors free and pregnant women and mothers under the age of 1.5 years.