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Is it useful to send a reminder after the statute of limitations?
1. A reminder letter can interrupt the limitation of action and has legal effect.
2. If the issuance of the reminder letter leads to the interruption of the limitation of action, the limitation of action shall be recalculated from the time of interruption.
3. Relevant legal basis: Article 195 of the Civil Law of People's Republic of China (PRC) is under any of the following circumstances, the limitation of action is interrupted, and the limitation of action is recalculated from the time of interruption to the end of relevant procedures:
(1) The creditor makes a performance request to the debtor;
(2) The debtor agrees to perform its obligations;
(3) The obligee brings a lawsuit or applies for arbitration;
(four) other circumstances with the same effect as bringing a lawsuit or applying for arbitration.
Second, whether the sending time of the reminder letter needs to conform to the statute of limitations.
1. The sending time of the reminder letter needs to follow the limitation of action, and it needs to be sent within 3 years to have the effect of interrupting the limitation of action.
2. Relevant legal basis: Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights for three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
A reminder letter can interrupt the limitation of action and has legal effect. If the issuance of the reminder letter leads to the interruption of the limitation of action, the limitation of action shall be recalculated from the time of interruption. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.
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