Evidence of interruption of limitation of action

Legal analysis: the reasons for the interruption of the limitation of action include filing a lawsuit (prosecution), one party making a request or demand (the obligee directly expresses that he wants to ask the obligor to perform the obligation) or the other party agreeing to perform the obligation (commitment). These reasons are different from the reasons for suspending the limitation of action, and they are all based on the subjective will of the parties. Written materials, such as notice, lawyer's letter, the other party's promise to agree to installment payment, witness testimony, telephone recording, text message (the latter three parties should try to have other evidence).

Legal basis: Civil Code of People's Republic of China (PRC).

Article 195 If the limitation of action is interrupted under any of the following circumstances, it shall be recalculated from the time of interruption and termination 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.

Article 194 In the last six months of the limitation of action, if the right of claim cannot be exercised due to the following obstacles, the limitation of action shall be suspended:

(1) force majeure;

(2) A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;

(three) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;

(4) The creditor is controlled by the debtor or others;

(5) Other obstacles preventing the obligee from exercising the right of claim.

The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.