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The statute of limitations is only three years, and if you do not take measures within three years, including filing a lawsuit with the court and asking the person who owes you money to repay the money, then the IOU and IOU in your hand will become waste paper, but if you forget, when you find out, it will expire on the last day of three years, it happens to be a statutory holiday, and the court does not work, what to do, teach you a trick, urge you to repay the money, and start again in three years.
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If the IOU indicates the date of repayment, the limitation period shall be three years from the day after the date of repayment, and if the IOU does not stipulate the date of repayment, the maximum limitation period shall be 20 years according to the provisions of the General Provisions of the Civil Law.
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1. If the repayment period is agreed, the lawsuit shall be filed within 2 years from the date of expiration of the repayment period.
2. If there is no agreed repayment period, you can request repayment at any time.
3. In either case, once it is found that there may be a dispute (such as the debtor's reluctance to repay the money), a lawyer should be immediately entrusted to design a treatment plan to avoid unnecessary losses. In addition, before borrowing, a lawyer should also be entrusted to design a legal plan for borrowing, so as to effectively avoid legal risks.
Chapter VII of the General Principles of the Civil Law Statute of Limitations.
Article 135:The statute of limitations period for requesting protection of civil rights from the people's courts is 2 years, except as otherwise provided by law.
Article 136:The following statute of limitations periods are one year:
1) Claims for compensation for bodily injury;
2) ** The quality of the goods is not declared;
3) Delay or refusal to pay rent;
4) Deposited property is lost or damaged.
Article 137:The statute of limitations period is calculated from the time when knowledge or should have known that rights had been infringed. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations.
Article 138:Where the statute of limitations period has expired and the parties voluntarily perform it, the statute of limitations is not to be limited.
Article 139:Where the right to claim cannot be exercised due to force majeure or other obstacles within the last six months of the statute of limitations, the statute of limitations is suspended. The statute of limitations period continues to run from the date on which the reasons for the suspension of the statute of limitations are removed.
Article 140:The statute of limitations for litigation is interrupted when a lawsuit is initiated, a party submits a request, or agrees to perform an obligation. From the time of interruption, the statute of limitations period is recalculated.
Article 141:Where the law provides otherwise for the statute of limitations, follow the provisions of law.
*Note:
1. If you encounter legal problems, you should entrust a lawyer to deal with them. Lawyers' answers before the formal retention relationship is established must not be used as a basis for handling actual cases on their own.
2. Non-professionals are strictly prohibited from using legal provisions or legal professional articles as the basis for handling actual cases without authorization.
3. If you deal with legal issues by yourself, you will bear the consequences.
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How long are IOUs and IOUs valid for.
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Legal analysis: If the repayment time is clearly stipulated on the IOU, the statute of limitations shall be calculated within two years from the agreed repayment time. If the time of repayment is not specified, the statute of limitations is indefinite, and the maximum statute of limitations is 20 years; The filing of a lawsuit is three years from the time you know or should have known that your rights have been infringed, i.e. three years from the time you repay the loan.
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.
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1. IOUs and IOUs are valid for several years.
1. IOUs and IOUs are valid for three years. The general statute of limitations for IOUs is three years, that is, the statute of limitations for IOUs expires within three years from the expiration of the time specified in the IOU. There are different understandings in judicial practice as to how to determine the starting point of the statute of limitations if the date of repayment is not indicated on the IOU.
The creditor may demand repayment from the debtor at any time, and the statute of limitations shall be calculated from the time when the right holder asserts its rights, but shall not exceed 20 years. If the creditor does not assert its rights after the debtor has issued the IOU, the limitation period shall run from the day after the creditor receives the IOU written by the debtor.
2. Legal basis: Article 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, 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.
2. What is the standard format of IOUs?
1. The standard format of the IOU is as follows:
1. Basic information of fund lenders, borrowers and guarantors;
2. Loan information and purpose:
3. The amount of the loan;
4. Loan term;
5. Borrowing interest rate and interest;
6. Liquidated damages for failure to repay on time.
7. Guarantor confirms the terms:
8. Scope and duration of guarantee.
9. Signature and confirmation of the borrower and guarantor;
10. The time when the IOU is issued.
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