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If you fail to pay your debts, you may see debt collectors coming to your place to ‘encourage’ you to pay up. Such cases are getting more and more common. There are cases where debt collectors are jailed for displaying aggressive behaviour and insulting words in a residential area in the late hours of the evening. Some Debtors are even harassed while they were at work.
Being debt-collectors does not make them larger than the law. Debt collectors are still subject to the laws of the Republic of Singapore. Some possible crimes that debt collectors may commit in the heat of the moment include:-
If you are physically harmed by the debt collector, he may face up to 2 years’ imprisonment, a fine of up to S$5,000 or both. Depending on the seriousness of the injury, he may even cause you ‘grievous hurt’. This includes fractures, dislocations, deep cuts. If the debt collector is held to have caused you grievous hurt, he may face up to 10 years imprisonment and a fine or even caning.
If the debt collector harasses you by using threats or intimidation to the extent of causing you distress or alarm, it may constitute harassment under the Protection from harassment act. If the debt collector follows you home frequently and causes harassment, alarm or distress to you, they may be guilty of unlawful stalking as well. Unlawful stalking can also be by way of repeatedly sending emails or even WhatsApp messages.
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
If the debt collectors show up in large groups of more than five and start shouting, intimidating and harassing you and your family, they may be guilty of unlawful assembly. Members of an unlawful assembly may be sentenced to prison for up to two years, fined or both.
If the debt collectors start to splash red paint and spray graffiti all over your property, they may be guilty of an offence under the vandalism act. If found guilty of vandalism, an offender may be fined up to S$2,000 or imprisonment for a term not exceeding three years and caning.
On top of the possible criminal offences debt collectors may face if they overstep their bounds while carrying out their jobs, debt collectors are also bound by the code of conduct by the Credit Collection Association of Singapore. CCAS may investigate any allegations of breaches, and the CCAS may impose and publicise any sanctions for a violation of the Code of Practice.
Under the code of conduct of the CCAS, we have to treat debtors facing financial difficulties with empathy. If the debtors face mental health issues, the debt collectors have to be careful in assessing the situation before acting. Debt collectors are also not allowed to disclose and disseminate sensitive information.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.