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The law does not require the replacement of the IOU, but the statute of limitations for creditor's rights and debts disputes is 2 years, within 2 years you do not claim rights against the other party or sue the court or apply for arbitration, etc., and the other party has not made a promise to you to repay the money in the future or clearly acknowledges the existence of your obligation to repay the money, (if there is the above situation, the statute of limitations will begin to interrupt and recalculate) You will lose the right to recover the debt, that is to say, even if you sue him to the court, the court will confirm that he does owe you money, but will not sentence him to pay you back. The court cannot compel him to give unless he voluntarily gives.
But according to what you said, you have continued to claim rights against the other party, so it should still be within the statute of limitations, and the problem is that you have to bear the burden of proof for this, that is, you have to provide evidence to show that you have not given up your recourse, such as a collection notice, etc., if not, it cannot be determined that it is still within the statute of limitations.
Since he refuses to rewrite the IOU, then take the original IOU to him, pretend to talk to him, and say that it is better to discuss later, but you have to promise that you will have to pay it back sooner or later, and then ask him to write it on the IOU"Guaranteed repayment"As long as he writes it down, then the statute of limitations can start again, because the law stipulates that even if the statute of limitations has expired, as long as the parties voluntarily perform it, they are not subject to the statute of limitations, so that the debt is reconfirmed, and the creditor-debtor relationship is still protected by law. That way, you can sue him the next day with this IOU!
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This is required by law.
There is no way. In your case, if the other party doesn't admit it, you really can't do anything.
If he refuses to make up the IOU, it is okay if he admits in writing how much he owes you.
If he doesn't admit anything, he can only admit that he is unlucky, blaming himself for not knowing the law.
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It is not the loss of creditor's rights, but the loss of the statute of limitations. It does not mean that the IOU will not be useful after 2 years, if you do not give up the recovery within 2 years, you will not give up the creditor's rights, but the documentary evidence is insufficient.
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There is no such provision in the law, but the statute of limitations for creditor's rights and debts disputes like this is two years, as long as you do not stop asking him for it within two years, it is still within the statute of limitations.
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The IOU is valid for more than 2 years. If there is no agreed repayment period on the IOU, it can be claimed at any time in accordance with the law, and the statute of limitations for litigation is calculated from the date of the claim. If a repayment period is agreed, the three-year statute of limitations is calculated from the date of the deadline for repayment.
How to go through the civil litigation process.
1. The plaintiff sues;
2. After the court accepts it, a copy of the indictment shall be served on the defendant;
3. The defendant submits a reply within 15 days, and the court delivers a copy of the reply to the plaintiff within 5 days.
4. For cases that are decided to be heard, the court shall notify the parties and make an announcement three days in advance;
5. Court investigation;
6. Court debate;
7. At the conclusion of the courtroom debate, a judgment shall be made in accordance with law; Be cautious.
8. Announcement of judgment.
Legal basisArticle 188 of the Civil Code of the People's Republic of China.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, the provisions of the Oak Sale of Filial Piety shall be followed. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
Article 190.
The statute of limitations period for a person who lacks or has limited capacity for civil conduct shall be calculated from the date of termination of the statutory ** of the claim of a person with no or limited capacity for civil conduct.
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