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Will SMS collection interrupt the limitation of action?
Short message collection can interrupt the limitation of action, and the legal situation of interrupting the limitation of action is: 1, prosecution. That is, the obligee claims the right according to the litigation procedure and requests the people's court to force the obligor to perform the obligation. Prosecution is a way for the obligee to exercise his rights to the obligor through the people's court. Therefore, the limitation of action is interrupted and recalculated from the time when the judgment of the people's court takes effect. 2. request. This behavior is that the obligee exercises the right of claim outside the litigation procedure. It changes the state of being unable to exercise the right of claim, so the limitation of action should be interrupted. 3. Commitment. That is, the obligor directly expresses his consent to perform the obligation to the creditor during the limitation of action. Based on the obligations undertaken by the obligor, the relationship between the rights and obligations of both parties was clarified again, and the limitation of action was interrupted and recalculated immediately. There are various ways to confirm the commitment, including partial payment, requesting deferred payment, paying interest, providing performance guarantee, etc. Under any of the following circumstances, it shall be deemed as a "request made by one party" as stipulated in Article 140 of the General Principles of the Civil Law, which has the effect of interrupting the limitation of action: (1) A party directly sends a document claiming rights to the other party, and the other party signs or seals the document, or can prove that the document has been served to the other party in other ways; (2) One party claims rights in the form of letters or data messages, and the letters or data messages have arrived or should have arrived at the other party; (3) One party is a financial institution, and the principal and interest in arrears are deducted from the other party's account according to the law or the agreement of the parties;
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