When collecting a debt, don't hold or lock up a person, and don't follow them home and refuse to leave
- High value
- Evidence A
- Keeps you free
- Free
- Takes minutes
- Some willpower
In plain words
Even if the money really is owed to you, you cannot hold or lock up the person. The statute says so specifically: holding or locking someone up to collect a debt is still handled as unlawful detention (非法拘禁). In light cases, detention of 10 to 15 days (拘留) and a fine of 1,000 to 2,000 CNY. The crime of unlawful detention (非法拘禁罪) brings up to 3 years, 3 to 10 years if the person is seriously injured, and 10 years or more if the person dies. To collect a debt, sue in court.
Mentioned in
- When you have a grievance with someone, such as unpaid wages, being fired or being cheated of money, use complaints, arbitration or a lawsuit, and don't go settle scores
- When someone in your family has gambling debts, don't rush to pay them: gambling debts are not protected by law, and money borrowed to gamble is not a joint debt of the couple
Translated from the Chinese original. Original book, section 9, tip 15. This section describes legal rules, mostly mainland China’s. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer