Is Calling the Debtor a Crime? A Detailed Review
Lending money to someone or getting into debt is a part of our daily lives. However, how the debtor is approached during the debt collection process can have important legal consequences. In particular, calling the debtor and harassing him/her to demand a debt should be done within certain limits. So, does calling the debtor constitute a crime? Below, we will examine this issue in its legal aspects and explain it with examples from relevant laws and practices.
1. Legal Basis for Calling the Debtor
The relationship between the debtor and the creditor is basically a legal debt relationship and the payment of the debt is a legal obligation. The creditor has the right to demand the debt. However, the methods applied during this demand have important legal limits.
Basic Principle: The creditor may demand payment from the debtor. This includes calling the debtor on the phone. However, how and how often this demand is made is evaluated from a legal perspective.
2. Prohibition of Harassment and Threats
The existence of a debt does not grant the creditor unlimited rights of all kinds of communication. It is against the law to constantly call, threaten or harass the debtor.
Case Study: The Court of Cassation has considered the harassment of a debtor by calling him/her repeatedly a day as “harassment” in its decisions and legal sanctions have been imposed on the creditor in this case.
Threats and Insults: Threatening or insulting the debtor to pay his/her debt constitutes a criminal offense under Articles 106 and 125 of the TCK.
3. Calling the Debtor within the Scope of the Personal Data Protection Law (KVKK)
Another issue to be considered when calling the debtor is the obligations under the Personal Data Protection Law (KVKK). The use of the debtor’s telephone number should be considered within the scope of the KVKK.
Example: If the creditor has obtained the debtor’s telephone number illegally, the crime of personal data violation may have been committed according to the KVKK. This may lead to serious administrative fines.
4. Frequent Calls and Disturbing Dimension
Frequently calling and disturbing the debtor may lead to the crime of disturbing according to the Turkish Penal Code. Disturbing calls may also be against the Law of Obligations.
TCK Article 123 – Disturbing Crime: Calling a person persistently, sending messages, creating disturbance by using communication tools are included in the crime of “disturbing” and the creditor may be subject to penal sanctions.
Case Study: A creditor who called the debtor 10 times a day was complained about by the debtor on the grounds of “disturbing” and the court imposed a fine on the creditor.
5. Obligation to Apply for Enforcement
If the debt is not collected, creditors must apply for enforcement directly. Instead of pressuring the debtor, legal means should be preferred.
Enforcement Proceedings: When the debt cannot be collected, initiating enforcement proceedings is the safest and legal method. The creditor must apply to the legal process to collect the receivable.
6. The Role of the Lawyer in Debt Collection
The involvement of a lawyer in the debt collection process can protect both the debtor and the creditor. Notifications made through a lawyer are made in accordance with legal processes and potential legal problems are prevented.
Example: A warning letter made through a lawyer can speed up the debtor’s payment process and create legal pressure. However, even a lawyer cannot make threatening or harassing communications.
7. The Debtor’s Rights
Debtors have certain rights during the debt collection process. Creditors cannot violate these rights. In particular, the debtor’s privacy must be respected and their personal information must be protected.
Privacy: Situations such as providing information about the debtor to third parties and announcing the debt may violate the privacy of private life and are considered crimes under Article 134 of the TCK.
Conclusion
Calling the debtor does not constitute a crime when done in accordance with the law. However, pressuring, harassing, threatening or violating personal data of the debtor may be crimes. Creditors should follow legal channels during the debt collection process and collect without causing legal trouble to the debtor. In this way, the rights of both parties are protected.
In any debt collection process, it is important to get legal advice and conduct the process professionally.
