The IOU says the repayment date, what should I do if I don t pay it when it s due

IOUsIf you write that the repayment date is due, you can also solve it by the following methods:

1. When the repayment date of the IOU arrives, the other party has not repaid it, first of all, you can find the other party to provide the corresponding IOU, ask the other party to repay or directly sue the court, and the borrower can sue the debtor to the court. It should be noted that the lawsuit should be filed within 3 years after the due date of the IOU has expired.

2. The arrears are still valid after the repayment date.

3. At the same time of filing a lawsuit, pay attention to applying for property preservation.

In order to get the money in time after the judgment takes effect, it can be executed to the hundreds.

4. If it has been more than 3 years after the repayment date: there is some trouble, and the friend does not pay it back at this time, and the lawsuit to the court may also be dismissed, and you need to think of some other ways to suspend, interrupt or extend the statute of limitations of the IOU before you can get the money back through the court.

5. As we know the current situation, it is recommended to ask a friend for an IOU first, and if the negotiation fails, pay attention to the lawsuit within 2 years after the expiration of the agreed repayment period.

For those who do not repay their debts, they can choose to sue, provided that there is evidence and that they are within the statute of limitations. Evidence including IOUs, audio recordings, payment vouchers, etc., can be used, and cannot be altered or photocopied in any way. If the date of repayment is indicated, the statute of limitations shall be within three years from the date of expiration of the IOU.

After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if it defaults maliciously.

First, the loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. Among them, the party that borrows money from the other party is called the borrower, and the party who lends the money is called the lender. Loan contracts can be divided into loan contracts of financial institutions and loan contracts between natural persons, both of which are typical contracts for the transfer of property ownership.

Second, the loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest. Among them, the party that borrows money from the other party is called the borrower, and the party who lends the money is called the lender. Loan contracts can be divided into loan contracts of financial institutions and loan contracts between natural persons, both of which are typical contracts for the transfer of property ownership.

3. [Time limit for the borrower to pay interest] The borrower shall pay the interest according to the agreed time limit. Where there is no agreement on the time limit for the payment of interest or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

IV. [Time Limit for Borrower to Return Loan] 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.

V. [Borrower's Responsibility for Overdue Return of Loan] If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant national regulations.

1. If the IOU does not contain the date of repayment, you have the right to claim it at any time, including litigation, and there is no problem that the statute of limitations has expired for such loans; 2. If the lawsuit is won in a judgment, you can apply to the court for compulsory enforcement, and the amount of 6,000 yuan can be completely deducted from wages; 3. Before filing a lawsuit, if you have evidence (information on the temporary residence permit transferred, rental contract, certificate of the neighborhood committee where you live, etc.) to prove that you have lived in the neighborhood for one year, you can file a lawsuit in the district court where your residence is located. 4. The litigation fee is 50 yuan because the amount of the subject matter of the litigation is less than 10,000 yuan.

Article 143 of the Civil Code provides that a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 100 of the fifth hand 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.

Article 511:Where the parties are not clear on the content of the relevant contract and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply: (4) Where the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare. 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.

It is certain that the debtor will have to repay the debt.

In practice, there are two different situations in which a debtor is unable to repay: one is a temporary insolvency. If this is the case, the debtor may repay the loan in instalments in accordance with the relevant provisions of the Civil Code (in force).

The other is permanent insolvency. If it is permanently unable to repay, it can only be repaid on the debtor's existing personal property, which must be heard by the court, make a judgment, and then put into enforcement, that is to say, the creditor will take as much as the debtor's personal property can be enforced.

Be cautious about borrowing between private individuals. If the amount is large, in addition to the IOU, the borrower should also provide security or collateral with a certain amount of property as much as possible, so as to reduce the risk.

1. The IOU does not contain the statute of limitations for the date of repayment.

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.

If the IOU does not specify the date of repayment, the limitation period shall be calculated from the date of expiration of the grace period for the creditor to require the debtor to perform its obligations, but if the debtor clearly indicates that it will not perform its obligations when the creditor claims its rights against it for the first time, the limitation period shall be calculated from the date on which the debtor clearly indicates that it will not perform its obligations. Where the time limit for performance can be determined, the statute of limitations period is calculated from the date on which the time limit for performance is completed.

Article 188 of the Civil Code provides that 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, 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 189:[Statute of Limitations for Installment Performance of Debts]Where the parties agree that the performance of the same debt in installments is disrupted, the statute of limitations period is calculated from the date on which the last period for performance expires.

Article 190:[Statute of Limitations for Claims against Legally-Prescribed Persons]The period of limitation for persons who lack or have limited capacity for civil conduct to make claims against their legally-prescribed persons is calculated from the date on which the legally-prescribed ** persons terminate.

2. What should I do if the repayment date is not stated on the IOU.

The borrower shall return the loan within the agreed time limit. If there is no agreement on the term of the loan or the agreement is unclear and cannot be determined in accordance with the provisions, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time. In other words, the repayment period of the loan contract shall run from the time the loan is required to be repaid.

The reasonable period cannot exceed 1 year.

If the borrower clearly states that he is unwilling not to repay the money, or it can be inferred from his behavior that he will repay the money, the lender can file a debt dispute lawsuit with the court.

1. What should I do if I don't repay the hungry potato when the repayment date on the IOU arrives?

1. If the borrower still fails to repay the loan to the lender after the expiration of the repayment period, the lender may file a lawsuit with the people's court to request the people's court to protect its legitimate creditor's rights. If a lawsuit is not filed with the people's court in a timely manner, and other measures are not taken in time to claim rights against the borrower, then after the statute of limitations has elapsed, the lender's rights will become a moral natural right and cannot be protected by legal coercion.

2. When signing the loan contract, special attention should be paid to reviewing whether the type, currency, purpose, amount, interest rate, term and repayment method of the loan are clearly stated, so as to avoid disputes afterwards. However, sometimes the parties do not agree on when to repay the money, and the lender should know what to do if the repayment period is not agreed. Sometimes the borrower does not know how to repay the money after the deadline, and the lender should know what to do if the repayment period expires.

If the lender has any questions about the repayment period, you can call a lawyer who will provide you with professional legal advice.

2. What should I do if the repayment period is not agreed.

If the lender and the borrower cannot reach a supplementary agreement on the repayment period, the lender may urge the borrower to repay the loan within a reasonable period of time.

Legal basis

Civil Code (in force).

Article 511:[Performance when the contract is not clear]Where the parties have agreed that the content of the relevant contract is unclear and cannot be determined in accordance with the provisions of the preceding article, the following provisions apply:

1) If the quality requirements are not clear, they shall be performed in accordance with the mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.

2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions.

3) Where the place of performance is not clear, and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation.

4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare.

5) Where the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract.

6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden;The creditor shall bear the performance costs increased due to the creditor's reasons.

If the debtor wants to postpone or repay the loan early, the debtor needs to obtain the consent of the creditor if the IOU specifies the repayment period. After the expiration of the agreed repayment period, if the debtor does not repay the loan on his own, then the creditor can take legal measures to collect the debt.