You cannot detain or confine someone to collect a debt, nor follow them home and refuse to leave
UpdatedGrade ABig benefitFreedomFreeLittle timeSome willpower
Even when the money is truly owed to you, you still cannot detain or lock someone up: the statute expressly says doing this to collect a debt is still illegal detention. Short of a criminal sentence, detention is 10 to 15 days plus a fine of 1000 to 2000 yuan. Illegal detention as a crime brings up to 3 years; causing serious injury, 3 to 10 years; causing death, 10 years or more. To collect a debt, sue in court.
- Cost
- There is no cost. If someone owes you money and refuses to pay, you can file a lawsuit in court. For guidance on drafting an IOU, see Section 8, Article 18. The real challenge is resisting the urge to physically restrain or follow the debtor home when they try to evade payment.
- Benefit
- Illegally restricting another person’s freedom, unlawfully entering their home, or conducting unauthorized searches leads to 10–15 days of detention and fines of 1,000–2,000 yuan. Less severe cases incur 5–10 days of detention and fines under 1,000 yuan. Illegal imprisonment is punishable by up to 3 years in prison, short-term detention, restricted movement, or loss of political rights. Severe injury or death brings 3–10 years or 10+ years respectively. These same penalties apply even when debt collection is legitimate (nationwide).
- Notes
- The statement “They truly owe me money” holds no legal weight here. Laws explicitly classify debt-related detentions as illegal imprisonment. Multiple court rulings on China’s judicial portal show individuals detained for up to 1 year while attempting to collect lawful debts. At the time of writing, this portal was inaccessible, so no citations could be included.
Sources · 2
- 全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第四十七条）. spp.gov.cn/spp/fl/202506/t20250627_699863.shtml
- 全国人大 (2020). 刑法（根据刑法修正案（十一）修正，第二百三十八条）. jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925…