What should I do if the repayment date is not written on the IOU?

The repayment date is not a requirement for an IOU.

The date of repayment is not a necessary element of the IOU, if the date of repayment is not indicated, the creditor can demand at any time, but the debtor must be given a reasonable period of repayment, the statute of limitations is calculated from the time when the creditor asks the debtor to repay the other party but does not repay, if the creditor has not claimed, the statute of limitations is 20 years from the date of writing the IOU.

1. If the repayment date is not written on the IOU, you can ask for repayment at any time;

2. Legal basis:

1) Article 206 of the Contract Law [Time limit for repayment of loans] The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

2) Article 61 of the Contract Law [Remedies for Unclear Contract Agreements] After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Recently, a citizen consulted lawyer Zhang Feng of Hebei Mingjie Law Firm, a friend borrowed 30,000 yuan, and has not repaid it for 4 years, and the repayment date was not written on the IOU, and asked if he could sue for repayment of the loan. Also, the person who borrowed the money borrowed it after marriage.

The money, the man is also not found now, and his wife claims that they are divorced and asks if it is possible to ask his wife for repayment.

Lawyer Zhang Feng: First of all, this involves the issue of the statute of limitations, according to the provisions of the General Principles of the Civil Law of China, the general statute of limitations is two years. This means that you have two years from the date on which your rights were infringed to claim your rights, otherwise you will lose the right to win the case after this period.

Of course, when do these two years start? In this case, since the date of repayment is not written on the loan, the creditor, that is, the citizen, can demand repayment at any time, and the statute of limitations will run from the time when the request for repayment is refused. Of course, the way to claim rights can be to demand the repayment of the loan without interruption, and it is not necessarily to file a lawsuit with the court, which means that if the creditor in this case keeps demanding repayment, the statute of limitations will be interrupted.

Another question is whether the debtor's ex-wife is obliged to repay the debt, according to the provisions of the Marriage Law, the debt owed during the existence of the marital relationship is a joint debt of the husband and wife, and both husband and wife are obliged to repay.

They are divorced, but the wife is still obliged to pay the debt, and of course, she can ask the other party to compensate for it.

The absence of a repayment date for an IOU or an IOU does not have a repayment date does not actually affect the legal effect of the IOU or IOU, nor does it have any impact on the formation of claims and debts.

Legal analysis: If the IOU does not contain the repayment date, the IOU still has legal effect, and the lender can request the borrower to fulfill the repayment obligation at any time, but the other party should be given the necessary time to prepare.

The statute of limitations for requests for protection of civil rights begins with the parties' request for performance and is for a period of three years, and where the period exceeds 20 years from the date on which the rights are harmed, the people's courts are not to protect them.

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, follow those provisions. 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 668:The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method. Article 675:The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

Note: The Civil Code came into force on January 1, 2021.

Legal analysis: If the date of repayment is not written on the IOU, you can request repayment at any time, and the statute of limitations will be calculated when the request for repayment is refused, and if you have not claimed the right within 3 years from this time, the statute of limitations will have passed, and you will lose the right to win the lawsuit. Of course, the way to claim rights can be to demand the repayment of the loan without interruption, and it is not always necessary to file a lawsuit with the court.

Legal basis: Civil Code of the People's Republic of China

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668:The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.