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 threats
The Criminal Code of the Russian Federation has an article for extortion. The word blackmail is used more often in everyday life. If they threaten over the phone that they will provide any defamatory information or information that a citizen is hiding, and at the same time demand money for silence, you are faced with blackmailers. Extortion also includes cases when threats are received via SMS about the use of violence or causing damage to the victim. In both cases, a prerequisite for qualifying a crime under Article 163 of the Criminal Code of the Russian Federation is a demand for money.
Also in the Criminal Code of the Russian Federation there is a separate article for threatening to commit murder and causing grievous bodily harm. This includes threats via SMS with promises to take a person’s life, various gestures that the victim interpreted as dangerous, the use of weapons against the victim, etc. It is important that the threat is real and not far-fetched. That is, the victim must have reason to seriously fear for his life. Their presence will have to be proven in court.
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.
Action plan for threats by phone and SMS
Let's look at what to do if you are threatened over the phone.
No need to panic. It is better to record all evidence of a crime. If you receive threatening SMS messages, you can take screenshots to later present them to the police and court. If threatening calls continue, record at least one conversation on audio. You can use an app on your smartphone or a voice recorder.
Note!
In order for a criminal case to be initiated, SMS or conversation recordings must contain direct threats to life or demands to pay money in exchange for non-disclosure of some information.
Law enforcement agencies will assess the reality of the threats, examine the circumstances of the crime, the identity of the accused, and the relationship between him and the victim. To prove that you are really afraid of an attacker, take certificates of his criminal record, negative characteristics from neighbors, and from his place of work. This can be done if someone you know threatens you over the phone.
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.
Where to go if you receive threats over the phone?
Some crime victims question whether making a threat over the phone is grounds for calling the police. This question is difficult to answer unambiguously. It all depends on the nature of the threat, the personality of its author, and the relationship between him and the victim.
Let's look at what to do if you are threatened over the phone. It is immediately worth noting that it does not matter how the attackers intimidate the victim. Both telephone threats and personal intimidation are classified under the same article.
Contact the police with a statement. Indicate which number the call or SMS came from, how the caller introduced himself, and what exactly he told you. If you know the criminal, provide as much detail as possible about him. If they refuse to initiate a case, complain to the prosecutor's office. The application is considered within 10 days. After this, the police either initiate a criminal case or issue a refusal.
Note!
If you have suffered from threats over the phone, for example, they have caused problems in your health, you have the right to recover moral damages from the attackers. Doctor expenses must be documented. Please submit your papers and application to the city (district) court.
Do you have any questions?
To get the most detailed advice on your issue, you just need to follow any of the suggested options:
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on our website - Or just call the number: 8 800 350-83-74
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:
| Day | A week | Month | |
| Call | Once from 08.00 to 22.00 | 2 times | 8 times |
| Write SMS, on social networks, in instant messengers, by email | 2 messages from 08.00 to 22.00 | 8 messages | 16 messages |
| Meet with the debtor on your own initiative | 1 meeting from 08.00 to 22.00 | 1 meeting | 4 meetings |
| Communicate with relatives and superiors | Only with their consent | ||
| Arrest and seize property | Never | ||
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 to do when receiving threats via SMS from an unknown number?
Let's consider what to do if you receive threatening SMS messages from an unfamiliar number. In most cases, subscribers do not pay attention to such messages, mistaking them for hooligan jokes. However, if they come systematically, you should play it safe and contact the police. You don’t have to know who exactly is writing the threatening SMS, just provide evidence and indicate the phone number of the attackers. Further work will be carried out by the police. They will identify the owners of the phone and interrogate them.
The situation is more complicated if the threat is sent via SMS from a stolen phone. In any case, it is not the victim who should look for the criminals, but the police. A statement from the victim with a detailed description of the circumstances of the crime is sufficient.
Responsibility
We answered the question of where to go if you receive threats over the phone. Next, we will consider what threatens violators. The sanction depends on what article the crime is classified under.
If you are threatened over the phone with murder or causing grievous bodily harm, the attackers face one of the following sanctions:
- compulsory work up to 480 hours;
- suspended sentence up to two years;
- arrest for up to six months;
- forced labor or imprisonment for up to two years.
The aggravating factor is the motive of the criminals. If threats are received via SMS related to a citizen’s race, nationality, or other affiliation, a prison term of up to five years or forced labor for the same period may be imposed.
If they threaten over the phone and extort money, the criminals face:
- suspended sentence up to 4 years;
- arrest for up to six months;
- forced labor or imprisonment for up to 4 years.
Aggravating circumstances are:
- commission of a crime by a group of persons or an organized group;
- use of violence;
- large or especially large amount of the required amount.
Note!
The maximum prison term is 15 years. An additional fine of 1 million rubles may be imposed. or restriction of freedom.
Where to go if you are being harassed over the phone?
In order for a person’s statements to be considered offensive to the addressee, certain conditions must be met: the attacker’s desire to humiliate the victim, indecent form.
The following are considered insults:
- obscene and abusive phrases containing obscenities;
- comparisons with animals;
- unwanted touching;
- gestures with obscene connotations;
- movements that may result in the victim's clothing being torn off.
A statement regarding any of these facts must be submitted to the prosecutor's office. For insulting, attackers face a fine of up to 3 thousand rubles.
How often do Russian debtors complain about debt collectors?
During the period from January to August 2021, 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 2021, so the data on appeals from individuals is limited. persons for the same period of 2021 are not publicly available. For the entire 2021, 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 2021, 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)
