You cannot detain or confine someone to collect a debt, nor follow them home and refuse to leave

The money truly belongs to you, but you still cannot detain or confine the debtor. Laws explicitly state that detaining or confining someone solely to collect a debt is treated as illegal imprisonment. In minor cases, offenders face 10–15 days of detention plus fines ranging from 1,000 to 2,000 yuan. If the act constitutes illegal imprisonment, penalties include up to 3 years in prison; serious injury results in 3–10 years, and death warrants 10+ years. To collect a debt, always file a lawsuit in court.

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.

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).

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.

全国人大常委会 (2025). 治安管理处罚法（2025 年修订，第四十七条）. https://www.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）. https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html