Filing Complaints for Debt Collection Harassment in the Philippines

This is general information, not legal advice. For specific cases, consult a Philippine lawyer or your local Public Attorney’s Office (PAO).

1) What counts as “debt collection harassment”?

Harassment happens when a creditor or collection agent uses unfair, abusive, deceptive, or unreasonable tactics to pressure you to pay. In the Philippine context, red flags include:

Threats and intimidation: threats of arrest, jail, criminal cases for simple non-payment of debt (ordinary debts are civil, not criminal); threats of violence; doxxing; stalking.
Public shaming: posting your name/photo and alleged debt on social media or group chats; sending “shame texts” to your contacts; placing posters near your home or office.
Contacting third parties: calling your family, employer, colleagues, clients, or people in your phonebook to disclose or collect on your debt without a lawful basis.
Obscene or abusive language; repeated calls or messages, especially late at night or very early morning; calling from masked numbers.
Misrepresentation: posing as a lawyer, court officer, sheriff, police, or government regulator; faking “subpoenas,” “warrants,” or “blacklist” notices.
Unreasonable field visits: unannounced visits designed to shame or intimidate; blocking your gate; refusing to leave when told.
Data privacy abuses: scraping your phone contacts, gallery, or location; publishing your personal data; keeping excessive data; failing to secure your data.
Unfair charges: piling on unlawful fees, compound interest beyond agreement or regulation; refusing to give a statement of account.

Note: Non-payment of a civil loan, credit card bill, or utang is not a crime. What may become criminal are the collector’s harassing acts (e.g., grave threats, coercion, libel/cyber-libel), or separate crimes like estafa when the legal elements are met.

2) Your core legal protections (overview)

Financial Consumer Protection: Financial institutions (banks, lenders, financing/online lending companies, electronic money issuers, insurers, HMOs, etc.) are regulated and must have complaint systems, treat consumers fairly, and avoid abusive collection. Regulators (BSP, SEC, Insurance Commission, and others) can investigate, fine, or even suspend/revoke licenses for violations.
Data Privacy (R.A. 10173): Collectors may only process data that’s lawful, transparent, and proportional. Public shaming or contacting your contacts/employer without basis can be a data privacy breach. You may complain to the National Privacy Commission (NPC) and claim damages in court.
Civil Code (Arts. 19–21, 26, 32, etc.): “Abuse of rights,” intrusion into privacy, and tortious acts allow claims for actual, moral, and exemplary damages plus attorney’s fees.
Revised Penal Code & Special Laws: Depending on conduct, collectors can face grave threats, grave coercion, unjust vexation, libel/cyber-libel, stalking, or violations of the Safe Spaces Act (gender-based online harassment). Evidence matters.

3) Where to file a complaint (choose one or more, depending on the entity and conduct)

A. File with the financial regulator supervising the collector

Bangko Sentral ng Pilipinas (BSP) – for banks, quasi-banks, electronic money issuers, credit card issuers, remittance/money service businesses.
Securities and Exchange Commission (SEC) – for lending companies, financing companies, online lending platforms and their collection agents.
Insurance Commission (IC) – for insurers, HMOs, mutual benefit associations.
Cooperative Development Authority (CDA) – for credit cooperatives.

These regulators accept consumer complaints about unfair collection practices, deceptive notices, unreasonable fees, failure to provide statements, etc. They can require explanations, order corrective actions, and impose administrative penalties.

B. File a Data Privacy complaint with the National Privacy Commission (NPC)

Use this when there’s public shaming, unauthorized disclosure to your contacts/employer, scraping your phonebook, or other privacy abuses. The NPC can compel the respondent to explain, order stoppage of unlawful processing, require deletion/erasure, and recommend prosecution for criminal violations of the Data Privacy Act.

C. File criminal complaints with the PNP/NBI (and the prosecutor)

If you received threats, extortion, defamation, or stalking, you can file a complaint with the police or NBI (Cybercrime Division if online) and proceed to the City/Provincial Prosecutor for inquest or preliminary investigation.

D. File civil actions in court

Damages for abuse of rights, privacy invasion, harassment, or data privacy violations.
Injunctions/TROs to stop public shaming and further unlawful collection.
Small Claims (for money disputes within the prevailing small-claims limit) if you’re counter-claiming for modest damages or disputing unlawful charges (note: purely injunctive relief isn’t available in small claims).

E. Barangay conciliation (Katarungang Pambarangay)

If the parties are natural persons living/working in the same city/municipality and the matter is not criminal or otherwise exempt, barangay mediation may be a pre-court requirement. Harassment with criminal aspects usually bypasses barangay conciliation.

4) How to prepare: evidence and documentation

Create a case file. Preserve:

Screenshots/recordings: calls, voicemails, Viber/FB/WhatsApp/SMS messages (include phone numbers/handles and timestamps).
Links/URLs or public posts; download copies or use “Save Page As”/PDF.
Statements of account; the original loan/credit agreement; receipts; app screenshots showing terms.
Call logs showing frequency/time (e.g., 10 calls between 11:30 PM–1:00 AM).
Witness statements from co-workers/family contacted by the collector.
Data privacy trail: app permission screens; notices you received; any consent withdrawals.
Your written notices telling them to stop harassing contacts or to channel communications properly (keep proof of sending).

Tip: If you record calls, be mindful of the Anti-Wiretapping Law. In practice, many consumers rely on message screenshots and post-call written summaries to avoid legal risk.

5) Step-by-step: filing with regulators

A. Internal complaint (always start here)

Write the company (email and physical address if available).
Demand: (a) stop harassment; (b) route communications to you only; (c) provide a statement of account and basis of charges; (d) identify any third-party collector; (e) delete unlawfully obtained data.
Deadline: give 10–15 calendar days to respond.
Keep copies and proof of receipt.

B. Escalate to the correct regulator

Identify the licensee (bank? lending company? insurer?). Check your contract, the app’s “About/Company” page, or official receipts.
Prepare: your ID, contact details, the narrative of events (chronological), reliefs requested, and evidence bundle.
Submit via the regulator’s consumer assistance portal/email. Ask for a ticket or reference number.

What you can ask for:

Cessation of harassment and public shaming.
Written apology/correction and written commitment to fair collection.
Rectification of charges; accurate statement of account.
Deletion of unlawfully processed data and notification to third parties to whom your data was disclosed.
Penalties/sanctions against the collector and directive to improve practices.

Possible outcomes:

The regulator requires the company to respond and may facilitate resolution.
Administrative fines/sanctions, suspension, or revocation of license for serious or repeated violations.
Written undertakings to cease prohibited practices; refunds/adjustments.

6) Filing with the National Privacy Commission (NPC)

When to use: The collector accessed your contacts, sent “shame texts,” posted your info online, or over-collected data.

How to file:

Draft a Complaint stating: your identity; controller/processor (the company); facts; specific Data Privacy Act breaches (e.g., unlawful processing, unauthorized disclosure, privacy principles violations); and your prayer (stop processing, delete data, notify third parties, damages).
Attach evidence (screens, URLs, call logs) and proof you first notified the company (or explain why immediate relief is needed).
File via NPC’s intake channels and keep the case number.

Relief you can seek:

Immediate takedown of posts and stoppage of harassment.
Erasure of unlawfully collected data; restriction of processing.
Administrative fines and compliance orders.
Use the NPC resolution to support civil damages in court.

7) Criminal and civil routes (when conduct crosses the line)

Grave threats / grave coercion: threats of harm or illegal restraint to force payment.
Libel / Cyber-libel: defamatory posts or mass messages imputing a crime or disgrace.
Unjust vexation / alarms and scandals / intrusion: persistent nuisance and humiliation.
Extortion / robbery-extortion: coercing payments under threat.

How to proceed:

Execute a sworn complaint-affidavit with annexes (evidence) at PNP/NBI; request referral to the Prosecutor’s Office.
For civil damages, file a complaint in the proper RTC/MTC with jurisdiction over your residence or where the wrongful act occurred. Plead Arts. 19–21 abuse of rights and attach your evidence.

8) Special situations

Online Lending Apps (OLAs): Many violations involve scraping phonebooks and shame messaging. If the lender is an SEC-licensed lending/financing company or platform, complain to the SEC and NPC concurrently; seek app takedowns if needed.
Credit Cards / Banks: Banks are under BSP. Repeated late-night calls, threats, and misrepresentations are actionable. Ask for the bank’s Financial Consumer Protection unit and escalate to BSP if unresolved.
Third-party collection agencies: They act as the creditor’s agents and are bound by the same fair-collection rules. Demand the name, address, and authority of the agency. You may complain against both the principal and the agency.
Employer contact: Unless you consented or a lawful purpose exists, contacting your employer about your debt is usually improper. Document it; include it in your privacy and regulator complaints.
Field collectors: You can refuse entry, ask them to leave, and call barangay or police if they refuse. Ask for their company ID and letter of authority; photograph if safely possible.

9) Practical scripts and templates

A. Cease-and-desist letter to the collector (send via email + registered mail)

Subject: Cease and Desist from Harassing/Unfair Collection I am writing regarding Account No. ______. Your representatives have engaged in harassing collection practices, including [briefly list acts with dates/times]. These acts violate Philippine laws and regulations on fair collection and data privacy. You are hereby required to: (1) cease all harassment and public shaming; (2) communicate only with me via [email/number] during business hours; (3) provide a detailed statement of account and legal basis of all charges; (4) identify any third-party collection agency; and (5) delete any data scraped from my contacts and confirm deletion in writing. Kindly respond within 10 calendar days. Absent compliance, I will elevate this to the proper regulator(s), the National Privacy Commission, and law enforcement, and pursue damages. [Name, address, ID, signature]

B. Regulator/NPC complaint narrative (core structure)

Parties and regulator jurisdiction.
Facts in chronology with timestamps and exhibits (Annex “A” screenshots, etc.).
Issues (harassment, misrepresentation, privacy breaches).
Applicable rules (fair collection standards, data privacy principles, consumer protection duties).
Reliefs requested (cease & desist; deletion; apology/correction; statement of account; penalties; damages).

10) Evidence checklist (quick)

Screenshots/PDFs of messages, posts, calls with timestamps
Links/URLs and archived copies
Loan/credit agreement, receipts, SOA
Your cease-and-desist and proof of delivery
IDs, proof of ownership of numbers/accounts
Witness statements (if employer/contacts were called)
Any regulator ticket/case numbers

11) Frequently asked questions

Q: Can they have me arrested for unpaid credit card/loan? A: No. Non-payment of a civil debt is not a criminal offense. Arrest threats are classic harassment unless there’s a separate crime (e.g., estafa) with provable elements.

Q: They posted my photo and called me a “scammer.” What now? A: Collect screenshots/links, send a takedown demand, then file with NPC (privacy breach) and consider cyber-libel and civil damages.

Q: They keep calling my boss. A: Document each call; have your employer/HR note the dates; include this in your regulator and NPC complaints and demand they cease contacting third parties.

Q: Can I insist on written communication only? A: Yes. Direct them to a single channel during reasonable hours. Repeated calls after notice strengthen harassment claims.

Q: They refuse to give a statement of account. A: Demand it in writing. Lack of transparency is itself a breach of consumer protection standards—escalate to the regulator.

12) Strategy roadmap (put this on your fridge)

Stop the bleeding: Send a cease-and-desist; funnel all contact to one channel; mute/record responsibly.
Build the case: Preserve evidence; identify the licensed entity and any third-party agency.
File smart:
- Regulator (BSP/SEC/IC/CDA) for fair-collection and product issues.
- NPC for privacy breaches and public shaming.
- PNP/NBI + Prosecutor for threats, libel, extortion.
- Court for injunctions and damages (consider barangay conciliation if required).
Follow through: Track ticket numbers, respond to regulator queries, and keep your evidence organized.

13) Quick contacts (what to search for online)

“BSP consumer assistance”
“SEC financing/lending complaint”
“Insurance Commission consumer assistance”
“NPC file a complaint”
“NBI Cybercrime Division contact” or “PNP Anti-Cybercrime Group”

(Exact forms/links change; use official .gov.ph domains.)

14) Final reminders

Pay what you legitimately owe when able, but no one is allowed to collect through harassment or privacy violations.
Keep communications polite and documented.
If you feel unsafe, contact the barangay or police immediately.
For those with limited means, seek help from PAO, IBP legal aid, or law school legal clinics.

You’ve got rights as a financial consumer and as a data subject. Use them.