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  Question title : civil case statute of limitation 
  Question:

I understand that for filing lawsuit in China, I need to check whether the statute of limitation has run or not. Can I stop the running by sending a warning letter to the opposing party?

   
Asked by hujerry  7/2/2010 2:01:41 AM
 
 
 

Actions may be taken to interrupt the limitation of actions. In China, The limitation of actions will be interrupted if legal proceedings are commenced or if an interested party demands or agrees to the fulfilment of its obligations.

 

Where any party has sent to the opposite party a document claiming any right against the opposite party and the opposite party signs or affixes his or its seal on the document or it can be proved otherwise that the document has been delivered to the opposite party, although the opposite does not sign or affix his or its seal on the document, then a request has been made to suspend the limitation of action.

 

Therefore, sending a cease and desist letter and having evidence to prove that such a letter is delivered (or should have been delivered) will toll the statute of limitation.  

 
Replied by 15minutes4u  7/4/2010 8:38:58 PM
 
 
 
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