Yes, but there are conditions. Public notice collection means that when the debtor's whereabouts are unknown and the debtor cannot be served in other ways, you can choose public notice delivery. Upon expiration of the announcement period, it shall be deemed to have been delivered. Public notice of debt collection must be based on the premise that the debtor's whereabouts are unknown. Upon expiration of the public notice period, the debt shall be deemed to have been served on the debtor. According to the principle of making light of the heavy burden and making it clear, the guarantor's public announcement of collection should also be based on the premise that the guarantor's whereabouts are unknown. Only after the announcement period has expired can it be deemed to have been served to the guarantor. According to the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of the Limitation System in the Trial of Civil Cases", if the whereabouts of one party are unknown, the other party shall publish an opinion in an influential media at the national level or at the provincial level where the whereabouts of the unaccounted party is domiciled. Public announcement of the contents of the rights will have the effect of interrupting the statute of limitations; the latter is as provided in Article 92 of the Civil Procedure Law: If the whereabouts of the recipient are unknown, or the recipient cannot be served by other means stipulated in this section, the notice shall be served. Upon expiration of the announcement period, it shall be deemed to have been delivered.
Legal basis:
"Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"
Article 1 The term "private lending" as mentioned in these regulations refers to The act of financial communication between natural persons, legal entities and unincorporated organizations. This provision does not apply to disputes arising from the granting of loans and other related financial services to financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business.
Article 2 When a lender files a private loan lawsuit in the People's Court, it shall provide IOUs, receipts, IOUs and other evidence of creditor's rights and other evidence that can prove the existence of the legal relationship between the loan and the loan. If the creditor's rights certificates such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights certificates files a private loan lawsuit, the People's Court shall accept it. The defendant raised a fact-based defense against the plaintiff's creditor qualifications. After review, the People's Court held that the plaintiff did not have creditor qualifications and ruled to dismiss the lawsuit.
Article 24 If the lender and the borrower have not agreed on interest, and the lender claims to pay interest, the people's court will not support it. If the interest agreement on a loan between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, if the loan interest agreement is unclear between the borrower and the borrower, and the lender claims interest, the people's court shall determine the interest rate based on the content of the private loan contract and the local or parties' transaction methods, transaction habits, market quotation interest rates and other factors. Interest.
Article 25 If the lender requests the borrower to pay interest according to the interest rate stipulated in the contract, the people's court shall support it, but if the interest rate agreed by both parties exceeds four times the one-year loan market quotation rate when the contract is established, except. The "one-year loan market quoted interest rate" referred to in the preceding paragraph refers to the one-year loan market quoted interest rate published monthly by the National Interbank Funding Center authorized by the People's Bank of China since August 20, 2019.