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Thursday, 19 January 2017 13:10

Do not stop calling me at all hours claiming a debt ... is it legal to do that?

Claiming a debt is legal. However, at the moment in which to demand a debt, the creditor (that is, who is entitled to the collection) calls at all times to the debtor to cause that, because of absolute feeling of weariness, the debtor pays yes or yes, it can be Producing an illegal activity.

In order to defend harassed debtors, our Penal Code has included a new form of coercion within the crime of coercion.

Thus, the Statutory Penal Code may impose a sentence of imprisonment on a person who harasses another perpetrating insistently and repeatedly, and without being legitimately authorized, establish or attempt to establish contact with it through any means of communication and , In this way, seriously alter the development of their daily lives.

The purpose of this article of the Criminal Code is to respond to very serious conduct that, in many cases, could not be classified as coercion or threats and, therefore, until the creation of this crime were not prosecutable.

The idea is to protect all those who suffer from a coercive case in which, without the announcement of causing any harm (threats), or the direct use of violence to restrict the victim's freedom (coercion), It repeats conduct by which the victim's freedom and sense of security is attacked, subjected to constant persecution or surveillance, repeated calls, or other continuous acts of harassment. This crime is known many times by its name in English: stalking.

The Law tries to protect whenever a crime regulates what we call a legal right; In this case, freedom is defended and the right to tranquility and tranquility person. Therefore, only those cases that actually limit the freedom of the complainant or that actually attack his or her peace as an individual can be denounced, and the action of the creditor is not denountable if it produces a mere feeling of fear or discomfort.

If you believe that you are being the victim of a coercion or stalking case, file a complaint with the Courts in your demarcation, or request the advice of an attorney for advice.

Writings SF Lawyers