Legal subjectivity:
As for the collection announcement, let’s start with the delivery of the announcement. The so-called service by public announcement refers to the method by which the court serves litigation documents by publishing newspapers or posting announcements. Since the announcement is delivered by way of announcement at the address of the counterparty, it is presumed that the counterparty is aware of the contents of the announcement, which is quite different from directly notifying the counterparty. In order to protect the interests of the counterparty, the announcement is Service is generally only applicable to judicial documents served by the court, and whether notice of intention between the parties (such as the collection announcement here) is applicable is based on special provisions of the law. For example, Article 97 of the Civil Code of Taiwan stipulates: If the person expressing his intention does not know the name and residence of the other party through no fault of his own, he may use the provisions of the Civil Procedure Law for public service, and public service shall be used as a notice of intention. The laws of mainland my country do not provide for this. Only two judicial interpretations of the Supreme Court have made special provisions for the use of announcements and notifications to claim rights in the process of acquisition and disposal of non-performing loans by financial asset companies. Article 10 of the Supreme People's Court's "Regulations on Several Issues Concerning the Application of Law in the Trial of Cases Involving Financial Asset Management Companies' Acquisition, Management, and Disposal of Assets Formed from Non-Performing Loans of State-owned Banks" (i.e., Article 12) stipulates: If an announcement or notice on the transfer of claims published in an influential newspaper contains debt collection content, the announcement or notice may be used as evidence of the interruption of the statute of limitations. The "Reply of the Supreme People's Court to the "Letter on Issues Concerning the Implementation of the Twelve Judicial Interpretations of the Supreme People's Court"" stipulates that claims with collection content published by financial asset management companies in influential newspapers at the national or provincial level The interruption of the statute of limitations caused by the transfer announcement or notice can be traced back to the date when the financial asset management company transferred the original creditor's bank credit; the financial asset management company can obtain the statute of limitations for the creditor's rights that have been accepted by publishing a collection announcement in the above-mentioned newspapers. Evidence of interruption (claim of rights). It can be seen that there are only collection announcements or notices issued by state-owned banks when they transfer claims to financial asset companies, collection announcements or notices issued by financial asset companies when they receive claims from state-owned banks, and collection announcements or notices issued by financial asset companies to debtors for the claims they have assumed. , can interrupt the statute of limitations. In addition, claiming rights through public announcement cannot have the effect of interrupting the statute of limitations. Legal objectivity:
According to Article 293-1 of the "Criminal Law", under one of the following circumstances, collection of illegal debts arising from loan sharking, etc., and if the circumstances are serious, a case shall be filed for prosecution. (1) Using violence or coercion; (2) Restricting other people’s personal freedom or invading other people’s homes; (3) Intimidating, stalking, or harassing others.