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Extortion, Not Debt Collection: What NCOs Cannot Legally Do in Azerbaijan

As more Azerbaijanis turn to non-bank credit organizations (NCOs) for fast, paperwork-free loans, complaints are rising about aggressive debt-collection tactics.

Borrowers say some NCOs send threatening messages, pressure them by phone, or attempt to “collect” debt without ever taking the case to court – a practice that has sparked heated public debate.

Legal expert Roman Garashov told Patrul.az that such behavior is explicitly illegal and can amount to a criminal offense.

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What NCOs Are Allowed to Do – and What They Cannot

According to the Law on Non-Bank Credit Organizations, an NCO’s authority is limited to issuing loans and pursuing civil-law debt recovery.

They cannot:

  • act as enforcement officers,

  • apply psychological or reputational pressure,

  • use force or intimidation,

  • engage in any form of compulsory collection.

The only lawful way to recover unpaid debt is through a court decision. Any threats directed at a borrower or their family members fall outside civil dispute and constitute a clear violation of the law.

When Debt Collection Becomes a Crime

Garashov notes that Article 182 of Azerbaijan’s Criminal Code defines such actions as extortion.

Penalties include:

  • 3–5 years of imprisonment (Art. 182.1);

  • 5–10 years, if repeated or accompanied by violence (Art. 182.2);

  • 10–15 years, if committed by an organized group (Art. 182.3);

  • 13–17 years, in cases involving particularly large sums (Art. 182.4).

Importantly, the crime is considered complete the moment the threat is communicated, regardless of whether the borrower repays the debt – a principle affirmed by a 1998 Plenum decision of the Supreme Court.

Why the Problem Is Growing

Many electronics and appliance retail chains have recently established their own NCOs, rapidly expanding the consumer-credit market. But the lawyer stresses that a rising number of organizations does not give them license to operate outside the law.

NCOs are required to:

  • function transparently,

  • properly inform clients,

  • use only civil-procedural mechanisms for debt recovery.

“Any psychological or physical pressure is not just unethical — it creates legal responsibility,” Garashov said.

What Borrowers Should Do

Garashov advises citizens to immediately contact local prosecutors if they receive threats or unlawful demands:

“Threats are not a debt-collection method. They are a criminal act that requires intervention by law enforcement.”

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