Joke Collection Website - Public benefit messages - What is the method of sending express delivery by postal service for collection?
What is the method of sending express delivery by postal service for collection?
Using postal services for collection will have the effect of interrupting the statute of limitations. If the collection notice is mailed by express mail (EMS), retaining the mailing stub and content will directly have the effect of interrupting the statute of limitations; while if the collection notice is mailed by a general courier company, evidence such as an email return receipt is required to prove that the mail has reached the debtor.
Article 10 of the Supreme People's Court's "Provisions on Several Issues Concerning the Application of the Limitation System in the Trial of Civil Cases" (hereinafter referred to as the "Limitation Provisions") is a specific requirement for "one party to make a request" ization, including: (1) One party directly delivers a document asserting rights to the other party, and the other party signs or seals the document or, although it does not sign or seal, can prove in other ways that the document has reached the other party; (2) ) One party claims rights by sending a letter or data message, and the letter or data message reaches or should reach the other party; the legal meaning of "one party makes a request" is that one party expresses its intention to claim rights to the other party, and that party The time when the expression of intention becomes effective is when the statute of limitations is interrupted.
On June 12, 2003, the Supreme People's Court made a decision on whether the creditor can determine whether the overdue loan collection notice is sent by express delivery to the guarantor by express delivery during the guarantee period, but there is no evidence that the guarantor has signed for or rejected the mail. Reply to the Creditor's Request for Instructions to Claim Rights from the Guarantor" ((2003) Minerta Zi No. 6, hereinafter referred to as "Reply No. 6"), clearly states: "The creditor sends an overdue loan collection notice to the guarantor by express delivery through the post office. If the creditor is able to provide the stub and content of the express mail, unless the guarantor has contrary evidence to refute the evidence provided by the creditor, the creditor shall be deemed to have claimed rights against the guarantor.”
The parties concerned are sending the letter. Materials should be sent via express delivery (EMS) through the post office as much as possible. For express delivery that has been sent through the express company, possible defects in the notification effect must be made up as soon as possible. In addition to re-mailing through EMS, you can also fix the evidence of the waybill process of the express delivery that has been sent. Most courier companies have different restrictions on the inquiry period, and evidence fixation should be completed within this period.
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