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Anonymous users2024-02-07The first is that your loan agreement has not stipulated a repayment time, if not, as long as you have been demanding since the loan has been less than two years, you can sue the other party; If the repayment time is agreed, you can also sue the other party as long as the repayment period does not exceed two years after the expiration of the repayment period (if the agreed repayment period is March 15, 2007, then you sue the other party before March 15, 2009, which is supported by law); If you do not collect the loan within two years after the expiration of the agreed repayment period, you will have passed the statute of limitations, and then you will not be able to sue the other party with legal support.
The statute of limitations refers to a system whereby the right holder whose civil rights have been infringed does not exercise his rights within the statutory limitation period, and when the limitation period expires, the people's court no longer protects the rights of the right holder. If the obligee makes a request within the statute of limitations period prescribed by law, the people's court shall compel the obligor to perform the obligations it has undertaken. However, after the expiration of the statutory limitation period, if the right holder exercises the right to make a claim, the people's court will no longer protect it.
It is worth noting that the expiration of the statute of limitations does not mean that the IOU is completely invalid, but you take legal means to collect the loan, and the court will no longer accept it.
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Anonymous users2024-02-06No, it depends on the situation, as said upstairs. An IOU without a definite repayment period is two years from the date you claim that the other party will repay the money and the other party refuses to pay. If there is a definite repayment period, two years from the date of maturity.
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Anonymous users2024-02-051.When borrowing, the IOU states the repayment period, and it is subject to a two-year statute of limitations from the maturity date;
2.If there is no repayment period, the 20-year period applies.
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Anonymous users2024-02-04Legal analysis: Generally speaking, IOUs are not automatically time-barred, but the statute of limitations for filing a request to the people's court for protection of civil rights is three years, so if there is no debt after three years after the repayment date is due, the party can raise a defense.
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 there are other provisions of the law, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right holder has been harmed 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.
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Anonymous users2024-02-03Legal analysis: As long as the requirements for validity stipulated by law are met, the IOU will not become invalid no matter how long it has passed. However, for creditor's rights and debts disputes, there is a limitation period, and the statute of limitations is three years.
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. Leak this.
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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Anonymous users2024-02-02As long as the requirements for validity are met by law, the IOU will not become invalid no matter how long it has passed. However, for creditor's rights and debts disputes, there is a limitation on the statute of limitations, and the statute of limitations is three years.
What should I do if I don't pay back the IOU when the time is up.
When the time for the IOU is up, the way to deal with the non-repayment is as follows:
1. If the other party fails to repay the arrears when due, the creditor can negotiate with the debtor to repay the loan first;
2. If the debtor refuses to repay the debt, the creditor can go to the court to sue the other party to repay the money.
[Legal basis].Article 180 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 20 years have elapsed since the date on which the rights were infringed, the people's court shall not grant protection, and if there are special circumstances, the people's court may decide to extend it on the basis of the application of the right holder.
Article 189.
Where the parties agree to perform the same debt in installments, the limitation period is calculated from the date on which the last period for performance expires.
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