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Whether the IOU contains the repayment date is subject to negotiation between the two parties, and there is no mandatory provision, and it will not affect the validity of the IOU.
If the debtor does not repay the debt, the creditor can directly go to the court to sue for repayment and pay overdue interest, and the statute of limitations is two years from the date of expiration;
If the repayment date is not written, the creditor can claim that the debtor fulfills the repayment obligation at any time, and if it refuses, the creditor can go to the court to sue, but cannot claim interest, and the statute of limitations is 20 years.
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If the IOU states the date of repayment, it means that the creditor cannot claim repayment from the debtor before the expiration of the repayment date, and there is still a two-year statute of limitations if the repayment is not made after the due date. If the IOU does not include the date of repayment, there is no such restriction and the creditor can claim repayment from the creditor at any time. Therefore, whether to write or not depends on whether the loan is a regular or irregular loan, and the repayment date needs to be stated for a general fixed loan.
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You can write or not write the repayment period.
If a repayment period is agreed, the statute of limitations shall run from the second day of the last day of the repayment period, which is the last day of the repayment period;
If there is no agreed deadline for repayment, the statute of limitations begins to run from the time when the demand is made against him and a reasonable period of time is given to prepare.
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No... If it is agreed upon by a specific party, you can write it down.
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Legal Analysis: An IOU without a repayment date is valid. If there is no time limit for repayment, the statute of limitations shall be calculated from the first time the creditor requests the debtor to repay.
If the IOU does not stipulate a repayment period and does not claim against the debtor, the statute of limitations for this claim is 20 years, after which it is no longer protected by law.
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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Legal Analysis: Effective. The maximum validity period of an IOU is twenty years.
However, if the IOU stipulates a repayment period, the statute of limitations for the debt shall be calculated for two years from the expiration of the repayment period, and if the creditor does not claim the right within two years, the statute of limitations for the debt shall be terminated, and the debt shall not be protected by law, and the debtor may use the statute of limitations as a defense not to repay the debt.
Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts 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, where 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 decide to extend the extension on the basis of the right holder's application.
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No, but it's better to write it. If the debtor does not repay the debt, the creditor can directly go to the court to sue for repayment and pay overdue interest, and the statute of limitations is two years from the date of expiration; If the repayment date is not written, the creditor can claim that the debtor fulfills the repayment obligation at any time, and if it refuses, the creditor can go to the court to sue, but cannot claim interest, and the statute of limitations is two years. Article 111 of the "Civil Procedure Law of the People's Republic of China" Where litigation participants or other persons commit any of the following acts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law
concealing, transferring, selling, or destroying property that has been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; Refusal to perform on a judgment or dissolution ruling of a people's court that has already taken legal effect.
1. How many days of detention if you can't afford to pay your debts.
According to the provisions of the relevant laws of our country, failure to repay debts is a civil dispute and does not involve a criminal offense, so it is generally not detained, but if the debtor obstructs the people's court's trial of the case, etc., the number of days of detention shall be determined according to the circumstances.
Civil Procedure Law of the People's Republic of China
Article 111:Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;
2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; (3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;
4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;
6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; If a crime is constituted, criminal responsibility shall be pursued in accordance with law.
Article 115:The amount of fines imposed on individuals is up to 100,000 RMB. The amount of the fine imposed on the unit shall be between RMB 50,000 and RMB 1,000,000. The period of detention is not more than 15 days.
Detained persons are to be handed over by the people's courts to the custody of the public security organs. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to release him from detention in advance.
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Legal Analysis: The IOU must have the date of repayment written on it. The debtor needs to repay the debt before the expiration of the repayment date, and if the debtor does not repay the debt, the creditor can directly go to the court to sue for repayment and require the debtor to pay overdue interest, and the statute of limitations is two years from the date of expiration of the repayment period.
Legal basis: Civil Code of the People's Republic of China
Article 674:The borrower shall pay interest within 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.
Article 675:The borrower shall return the loan within the agreed time limit. If Qi Fang has not agreed on the term of the loan or the agreement is not clear, and it is still uncertain according to 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.
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