Unless otherwise expressly provided by legislation, prescription is interrupted when the owner commences action against the possessor, or when the obligee commences action against the obligor, in a court of competent jurisdiction and venue. If action is commenced in an incompetent court, or in an improper venue, prescription is interrupted only as to a defendant served by process within the prescriptive period. If an action is commenced in a competent court of improper venue, prescription is suspended for a period of seven days as to a defendant not served by process within the prescriptive period.
Article 3462 active cc book
Interruption by filing of action or by service of process ACTIVE
Actions
References
None.
Cited by
History
- enactment Acts 1982, No. 187, §1, eff. Jan. 1, 1983
- amendment Acts 2025, No. 250, §1