Can I claim that my claim is overdue based on the settlement statement?

The settlement statement can be used as evidence of the claim, but the problem is that if there are other evidence of the claim, it is necessary to combine all the evidence of the claim to determine whether the statute of limitations has expired. Of course, the statute of limitations may also be interrupted or suspended. Whether the statute of limitations has exceeded is to be judged comprehensively.

See General Provisions of the Civil Law:

Article 188:The statute of limitations for requests to the people's courts 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, 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.

Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance is completed.

Hello, you can apply to the people's court for the enforcement of the debtor's due creditor's rights, and provide the debtor's evidence or main clues of the debtor's due creditor's rights to a third party, and after the acceptance court reviews and approves it in accordance with the law, it will issue a notice of assistance in enforcement to notify the third party to transfer the debtor's due creditor's rights to the applicant for enforcement. If the third party does not file a valid written objection within the time limit specified by the court and fails to perform the debt in accordance with the notice of the court, the court will directly enforce the claim against the third party.

The so-called set-off is that if the parties owe debts to each other, but the species, quality and even quantity of the subject matter are not the same, the set-off shall be made after negotiation between the two parties. On the one hand, debt offset can save the trouble of mutual payment between the two parties and save the cost of repaying debts; On the other hand, the validity of the claim can be guaranteed, so as to avoid the risk of damage to the first repayer, especially in the bankruptcy proceedings, when the bankrupt has an objection to the creditor's claim, its creditor can offset and forgive its own debt, so that it is in a priority position for repayment. There are two types of debt set-offs: statutory set-offs and agreed set-offs.

Article 99 of the Contract Law stipulates that if the parties owe each other debts due to each other, and the subject matter of the debts is of the same type and quality, either party may offset its own debts with the debts of the other party, unless it is not allowed to be offset in accordance with the provisions of the law or in accordance with the nature of the contract. Where a party claims set-off, it shall notify the other party. Statutory set-offs shall not be subject to conditions or time limits.

According to Article 99 of the Contract Law, if the parties owe each other debts due to each other, and the subject matter and quality of the debts are the same, either party may offset its own debts with the debts of the other party, except where it is not allowed to be offset in accordance with the provisions of law or the nature of the contract.

Claims that cannot be set off by the nature of the contract are as follows:

1) Property rights arising from identity relationships, such as the right to claim maintenance, the right to agree on marital property, etc.;

2) the right to claim compensation for damages arising from the infringement of personal rights;

3) the right to prohibit assignment, such as the right to claim relief;

4) the right to prohibit seizure, such as the right to claim labor income necessary for subsistence;

5) A certain right of the right, for example, if the debtor does not rent the house, the creditor shall not subrogate it.

The provisions of the Contract Law on the assignment of creditor's rights: 1. The creditor may transfer all or part of the rights of the contract to a third party, except in any of the following circumstances: 1. It shall not be transferred according to the nature of the contract. 2. It shall not be transferred according to the agreement of the parties.

3. It cannot be transferred in accordance with the law. 2. If the creditor assigns its rights, it shall notify the debtor, and without such notification, the assignment shall not be effective against the debtor. 3. The notice of the creditor's assignment of rights may not be revoked, except with the consent of the assignee.

4. The assignee of the creditor's assignment of rights acquires rights related to the creditor's rights, except that the subordinate rights are exclusive to the creditor itself. 5. After the debtor receives the notice of assignment of creditor's rights, the debtor's defense against the transferor may be asserted against the grantor. 6. When the debtor receives notice of assignment of creditor's rights, the debtor has a claim against the grantor, and the debtor's claim matures before or at the same time as the assigned creditor's right, and the debtor may claim set-off against the assignee.

The creditor may transfer the creditor's rights to a third party, and the third party will take the place of the creditor and claim the creditor's rights against the debtor, and the debtor shall be notified of the assignment of the creditor's rights. So, how to deal with the debtor who disagrees with the assignment of creditor's rights Today, Hualu.com has compiled the following content to answer your questions, hoping to help you.

How to deal with the debtor's disagreement with the assignment of creditor's rights: since the notice is effective against the debtor, the disagreement does not affect the validity of the assignment of creditor's rights.

According to the provisions of the Contract Law, the creditor may assign the creditor's rights to another person without the consent of the debtor, except in cases where the assignment is not allowed according to the nature of the contract or the law or the parties agree that it cannot be assigned. However, the debtor must be notified of the assignment of the claim. If it is not notified, it shall not be effective against the debtor.

What are the claims that can be assigned?

A negotiable claim should be a validly existing claim. If the assigned claim does not exist or is invalid or extinguished, the majority view is that the contract of assignment is invalid because the subject matter does not exist or the subject matter cannot be found. However, the validity of the antecedent act of the formation of the creditor's right does not affect the contract of assignment of the creditor's right.

If the sales contract that formed the claim is found to be invalid and the claim ceases to exist, although the result directly affects the realization of the purpose of the contract for the assignment of the claim, according to the general theory, as long as the claim is determined at the time of the assignment, the assignment should be permitted.

If the assignment of the claim has not yet been formed at that time, whether it will be formed is subject to the arrival of a certain time in the future, or the fulfillment of a certain condition, it has been argued that such a claim is also different from a non-existent claim, and the validity of the assignment contract can be certain. In our view, this type of contract should be treated separately between conditional and time-definite, because the time limit must come and the condition may not be fulfilled, and the contract with a time limit can be treated as a valid contract; If the conditions of a conditional contract cannot be fulfilled in the future, the assigned claim does not exist ab initio, so it is appropriate to treat the conditional contract as a contract whose effect is to be determined.

What are the provisions of the law on the assignment of creditor's rights?

Article 91 of the Contract Law stipulates that "if one party to a contract transfers all or part of the rights and obligations of the contract to a third party, it shall obtain the consent of the other party to the contract and shall not make profits." Contracts that shall be approved by the state in accordance with the provisions of the law shall be subject to the approval of the original approving authority.

However, unless otherwise provided by law or otherwise agreed in the original contract. ”

The Contract Law also has only a few words on this. Articles 79 to 83 and 87 provide rough provisions on some basic issues in the assignment of creditor's rights, such as the circumstances under which the assignment cannot be assigned, the obligation to notify the assignment of rights, the assignment of subordinate rights together, the debtor's right of defense, and the right of set-off.

Among them, the obligation to notify the assignment of creditor's rights conflicts with the consent of the debtor as stipulated in Article 91 of the General Principles of the Civil Law. With regard to the restrictions on the assignment of creditor's rights, the General Principles of the Civil Law are too strict and not conducive to the development of the commodity economy, while the Contract Law is too broad and not conducive to protecting the interests of the debtor and others.

The Contract Law stipulates that if the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the creditor. The so-called transfer of contractual obligations refers to the situation in which the debtor transfers the debt to a third party based on the agreement of the parties or the provisions of the law, and the third party takes the place of the debtor as the new debtor and performs the debt to the creditor.

1. The system of transfer of contractual obligations has the following legal characteristics: (1) debts can be transferred, but debts that must be performed by the parties themselves cannot be transferred; (2) Where it is agreed that the consent of the creditor shall be a necessary condition for the transfer of debts; (3) A new contractual relationship arises, the contractual relationship before the transfer of debts is extinguished, and the contractual relationship after the transfer of debts arises; (4) The subject of the contract has been changed, and the third party becomes a party to the contract.

2. The transfer of contractual obligations includes two forms: (1) the transfer of all contractual obligations to a third party, that is, an agreement on the assignment of debts between the creditor or the debtor and the third party, and the third party replaces the original debtor to assume all debts, and the original debtor has broken away from the original contractual relationship. This is often referred to as "exempt debt assumption".

The partial assignment of contractual obligations to a third party is often referred to as "concurrent debt assumption", which means that the original debtor does not break away from the original contractual relationship, but the third party joins the contractual relationship and jointly undertakes the contractual obligations to the same creditor together with the original debtor. Legal basis: Article 84 of the Contract Law of the People's Republic of China [Consent of Creditors] If the debtor transfers all or part of the obligations of the contract to a third party, it shall obtain the consent of the creditor.