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I have a question for a debt collection attorney about whether I can file a criminal complaint for illegal debt collection.

Debt collection attorney, I am leaving a question about whether I can file a criminal complaint for illegal debt collection because a creditor has made threats. A while ago, I was subjected to abusive language and threats, with the person saying they would kill me if I did not repay the money.. I am wondering whether this constitutes illegal debt collection, and I am worried that the person may end up telling people around me and coming to find me.. My wife became pregnant not long ago and, upon learning of this, she is in a state of great shock. I am asking a debt collection attorney whether a lawsuit for illegal debt collection is possible.

Debt collection

Illegal debt collection

Debt collection attorney

Answer

Published: 2025-05-30

Author : ChanWoo JEONG

A debt collection attorney is leaving an answer regarding illegal debt collection.

Illegal debt collection conduct typically includes threatening visits under the pretext of debt collection, verbal abuse, and unlawful contact with family members.

According to Article 15 of the Fair Debt Collection Practices Act, the act of making threats or using abusive language is punishable by imprisonment for up to 5 years or a fine of up to 50 million won.

In addition, repeatedly making debt-related phone calls at night, notifying a third party of the debt, and demanding subrogated repayment are punishable by imprisonment for up to 3 years or a fine of up to 30 million won.

If you have been subjected to illegal debt collection, you can first request that it stop, and if it continues, you can file a claim for damages with the help of a debt collection attorney.

If the other party is an individual rather than a debt collection company, or if they disguised their identity and infringed on your family's privacy, the illegality can be recognized even more strongly.

By proving the emotional distress and financial harm caused by illegal debt collection, you can obtain compensation for it and impose strong legal sanctions on the loan shark or lending company.

To file a criminal complaint, several requirements must be met, and in particular, the conduct must exceed the scope of legitimate debt collection.

If you wish to proceed with a criminal complaint in this regard, it is advantageous to have objective materials that can prove the circumstances at the time, such as witness statements, call recordings, text messages, CCTV footage, and witnesses, so you should secure them.

At our firm, debt collection attorneys and attorneys specializing in civil law closely analyze the client's case and support all procedures, including proof, and through the operation of a security center, we can connect the client with a security escort service.

If you need assistance, we invite you to seek our firm's legal support.