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Debt Collection Act (1974:182)

Original Language Title: Inkassolag (1974:182)

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Scope of application



section 1 of this Act apply to the recovery of its own or another party's claim

by requirements or other debt collection action (debt collection). With

debt collection action of course measure different pressures on

the debtor than an indication of the time for payment or

that the claim, if it is not paid, will be submitted to the

anyone else for collection.



With regard to individuals ' recovery of their own or

related party receivable and dödsbons recovery of own

Receivables the law only if the claim arose in

trade or have been taken over for collection. As

related to a collector is considered the one who is married to

debt collector or sibling or relative of right up-or

descendants of debt collector or are besvågrad with him

or her in the correct ascending or descending line, or so that the

one is married to the other's siblings and the otherwise

says collector personally particularly close.



The law does not apply to the Swedish enforcement authority's activities.

Law (2006:691).



Permits for certain debt collection



section 2 of the debt collection business, which refers to the recovery of claims for

behalf of or claims which has been taken over for

recovery, may be carried out only with the permission of

The Swedish data inspection Board.



If collection activity constitutes a child element in another

activity and not any of the activities constitute

trade or business, or if the collection operations are carried out by a

company for another company within the same group needed

State only in cases where the debt collection activities relating to a claim

that belong to or have been taken over by someone who is not without

permit under this Act had been able to collect the receivables.



Permits are not required for debt collection activities of

companies under supervision or by lawyers.

Law (1999:73).



paragraph 3, authorization may be notified only if the activities likely to be undertaken

on a proper and judicious manner.



Authorization may be notified for a maximum period of ten years at a time. State

may be subject to regulations on how the activities shall be carried out and about

obligation to notify a change of circumstances that have had significance for

the authorization. Law (1981:738).



Rules for debt collection



section 4 of the Collection activities to be carried out in accordance with good inkassosed. In doing so, the

be taken to debtor not caused undue damage or inconvenience or

exposed to undue pressure, or other inappropriate

debt collection action.



§ 5 claims against a debtor shall be made in writing. Requirement shall

contain a clear indication of the name of the creditor and of the fact that

the claim is based. It is a claim that has been transferred

or pledged and the debtor can therefore not with liberating

effect payment to the assignor or the pledgor, the requirement

contain a clear indication of this relationship. The requirements should be provided

instruction on appropriate means of payment.



The requirements are what is required in capital, interest and reimbursement of

costs are entered separately. In case of interest, in particular the

the amount of accrued interest, interest rate as well as the time and

amount of capital that is the basis of the interest calculation.



In connection with the requirements shall be given some reasonable time within which the debtor

have to pay voluntarily or if he has any objection to the

requirement. Law (1981:738).



section 6 of the legal action in respect of the claim may not be taken until

the debtor submitted to the requirements referred to in paragraph 5 and the specified time period

out.



section 7 of the provision in section 6 does not apply, if the debtor apparently seeking

to withdraw to pay, or if there are special reasons

to deviate from what is provided there. Law (1981:738).



section 8, there is probable cause that the claim is not legally founded

or appear to claim otherwise as unfounded, the collection action is not

should be taken.



Effect of specific payment



§ 9 Payment paid by the debtor to the assignment to drive

the claim is invoked against the creditor.



Management of funds collected



section 10 of the funds collected on behalf of others shall be kept separate.

Have the funds collected in the debt collection activities that are not of a temporary nature

and not only relates to individual claims, they shall, without delay,

instituted on behalf of the bank or its equivalent.



If anyone who receives a verification mission to recover a claim has a

otherwise, the ongoing mission of the creditor to a significant extent

collect funds on his behalf without obligation to keep these funds

separately, the parties may agree in writing on exceptions first

paragraph.



Funds collected on behalf of others shall without delay

reported to him, unless otherwise agreed. Law (1981:738).



Register in the debt collection business



10 a of the Register relating to debtors and used in the licensed

debt collection may be transferred or assigned to another only after

consent of the Swedish data inspection Board.



It ended with the licence collection activities or relating to

to move an activity to another country or to discard a

records relating to debtors and used in such activities shall

notify the Swedish data inspection Board. Inspectorate provides in such

how it shall perish with records that are now mentioned and which are affected by the

operation. Law (1981:738).



Professional secrecy in debt collection



section 11 any person who is or has been involved in a

debt collection activities relating to the recovery of claims for

behalf of or claims which has been taken over for

recovery must not improperly disclose or exploit what he

They consequently have been told about individuals '

personal or professional or

business secrets. However, this does not apply in respect of

debt collection activity is temporary in nature and relate only

individual claims.



The first subparagraph shall not apply in the case of the one by one

other statutes are subject to a corresponding

professional secrecy. In the public activities should apply

the provisions of the public access to information and secrecy

(2009:400). Law (2009:415).



Costs for collection actions



section 12 if the debtors obligation to pay the expenses for collection actions

There are special rules. Law (1981:738).



Supervision, etc.



paragraph 13 of the Swedish Data Inspection Board supervises compliance with

This law. Supervision does not cover activities

activities of companies under supervision or

of lawyers.



Supervision shall be exercised so that it does not cause higher costs

or inconvenience than is necessary. Law (1999:73).



section 14 of the Swedish Data Inspection Board has the right to carry out inspection of the

conducts debt collection activities and to take part of all documents

related activities.



The operator shall submit the data inspection Board the

information on the activities that the inspection request for their supervision.



Fails the as operates to provide access to

Act or to disclose in cases referred to in this paragraph,

may inspection, submit to the penalty.



section 15 Of the Swedish data inspection Board's supervision gives rise to it, the inspection

provide for how debt collection activities shall be conducted and if

obligation to notify a change of circumstances that have had significance for

authorisation to engage in the collection business. Regulations on how

debt collection activities to be carried out may be subject to a penalty.



If the person has a permit to conduct debt collection override

provision of this Act or the regulations that have been issued with the support of

the law and its correction not be taken or if the conditions of the permit

in general no longer exists, the data inspection Board may revoke

the authorization. Law (1985:356).



16 repealed by Act (1980:969).



Penalties and damages, etc.



section 17 to a fine or imprisonment not exceeding one year are judged on that

intentionally or negligently:



1. without prior written permission to take an action that is

debt collection activities under this Act,



2. violate the regulation referred to in paragraph 3, second subparagraph, or article

the first paragraph to notify change of circumstance,



3. violates paragraph 10 bis or second subparagraph, first

sentence or against regulation which has been granted in accordance with paragraph 10 (a)

the second sentence of the second subparagraph, or



4. leave the false indication in the cases referred to in paragraph 14 of the other

paragraph. Law (1999:73).



Forfeiture of the registry



17 a of debt Have been carried out without prior written consent, shall

records relating to debtors and used in business

declared forfeited, if it is not obviously obilligt. The same applies,

If a register is transferred or granted in contravention of paragraph 10 (a)

subparagraph, or if the code has been granted in accordance with paragraph 10 (a)

the second sentence has not been followed. Law (1981:738).



section 18 of the debt collection activities shall make good any damage to

as a result of the activities added someone by undue pressure

or other unwarranted collection action. In determining whether and to what extent

damage has occurred teketel also to suffering and other

circumstances by other than purely economic significance.



section 19 of the Swedish Data Inspection Board's decision under this Act may be appealed

in general administrative court. The Attorney General may bring an action

to take to be in the general interest.



Leave to appeal is required for an appeal to the Administrative Court of

decision on the imposition of a penalty. Act (1998:381).



Transitional provisions



1994:1398



This law shall enter into force on 1 January 1995. Decisions that have

granted prior to the entry into force in accordance with the provisions of the older appeal.



1998:381




This law shall enter into force on 1 October 1998. In the case of

appeal against the order issued before the entry into force

for older provisions.