Urgently, please IOU for a few years to be protected by law?

The legal protection period of the IOU shall be within two years after the expiration of the loan, and the statute of limitations shall be lost after the expiration of two years after the expiration of the IOU.

The statute of limitations for civil litigation refers to the system whereby the right holder does not exercise its rights after the statutory time limit, and its right to win the lawsuit will be extinguished in accordance with the law. The statute of limitations for general rights holders to apply to the people's courts for protection of civil rights is two years.

If the repayment period is not agreed upon at the time of borrowing, it will be regarded as an irregular loan, and the creditor can claim the creditor's rights at any time. Article 88 of the General Principles of the Civil Law stipulates that "if the performance period is not clear, the creditor may request the debtor to perform at any time, but shall give the other party the necessary time to prepare."

Therefore, it is still possible to ask the other party to pay off the debt.

Article 137 of the General Principles of the Civil Law stipulates the method of calculating the statute of limitations, which is calculated from the time when you know or should know that your rights have been infringed. However, if more than 20 years have elapsed since the date of infringement of the right, the court will not protect it.

If the interest rate is not agreed, no interest can be paid.

Can you elaborate on the repayment time?

Addendum: Hehe, I just saw your addition, and I have already said it in detail by a few people downstairs. If the performance period is not agreed, performance may be requested at any time, but a reasonable preparation period must be given to the other party.

Set a repayment period for the other party, 5 days and 10 days are up to you, and if you don't repay the loan, apply for a court payment order.

Legal analysis: The statute of limitations for the validity of the IOU is three years, and the starting time of the validity period is the date on which the debtor agrees to repay the debt or the date on which the creditor takes the initiative to claim that the debtor repay the debt, and has the right to file a lawsuit with the People's Court of the People's Court within three years to require the debtor to repay the debt. Three years after the expiration of the repayment period is the statute of limitations, and if no claim is made within these three years, it will become invalid and the people's court will not protect it.

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 holder has suffered damage 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.

The term for which an IOU is protected by law is generally three years, and within the three-year statute of limitations, the lender may file a lawsuit with the court to protect its creditor's rights in accordance with the law; If the lender files a lawsuit with the court after three years, the borrower has the right to defend against the statute of limitations.

1. Can I still file a lawsuit with the court after the three-year statute of limitations has expired?

The general statute of limitations for civil litigation is three years. If the IOU exceeds the three-year statute of limitations, the right holder can still file a lawsuit with the court.

However, if the lawsuit is not filed with the court within the limitation period, the right holder may lose the right to prevail.

You can try to actively seek solutions from the following aspects of Yanxiang:

1. Look for evidence of the interruption of the statute of limitations.

Carefully recall whether you have made a request for performance to the debtor within the statute of limitations, including but not limited to in the form of a disturbing letter, email, text message, WeChat or even in person. If you have raised it and there is evidence to prove it, then the statute of limitations will be interrupted and recalculated.

2. Negotiate a repayment plan or repayment agreement with the debtor.

In this way, the statute of limitations can be extended by starting to run from the expiration of the performance of the repayment plan.

3. Retain evidence of the debtor's consent to performance.

If the debtor is unwilling to make a written note, it may invite an uninterested third party or relevant unit to witness and keep the best records, audio and video recordings of the debtor's agreement to perform. The debtor's acknowledgment of the creditor's right, request for postponement of performance, provision of security, payment of interest, etc., are all deemed to be agreeing to perform the obligation.

4. Filing a lawsuit with the court.

If the statute of limitations has expired and there is no way to negotiate, then you can also consider filing a lawsuit directly, because according to relevant judicial interpretations and other provisions, the court cannot take the initiative to apply the statute of limitations.

There is no legal stipulation on how long an IOU will be valid for, but it is up to the parties to negotiate and agree on it. The statute of limitations for IOUs is generally three years and not more than 20 years. According to Article 188 of the Civil Code, the statute of limitations for filing a request to the people's court for 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.

The guarantor of private lending is generally called the guarantor, and if the guarantor and the creditor agree on the guarantee period, the guarantee period shall be calculated according to the agreement; If the guarantor and the creditor have not agreed on the guarantee period or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the main creditor's right. According to Article 692 of the Civil Code, the guarantee period is the period during which the guarantor's guarantee liability is determined, and there is no suspension, interruption or extension. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement; If there is no agreement or the agreement is not clear, the guarantee period shall be six months from the date of expiration of the period for the performance of the principal debt.

Where the creditor and the debtor have not agreed on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date of expiration of the grace period for the creditor to request the debtor to perform the debt. The time for overdue loans varies according to different banks. ICBC will report to the credit bureau as long as you do not repay on time.

Agriculture, Construction, Communications, CITIC and Everbright Minsheng Merchants Bank generally have a three-day fault tolerance period. As long as it is within the fault tolerance period of this bank, it will not affect the credit investigation. Article 4 of the Regulations on the Administration of the Credit Investigation Industry, the People's Bank of China (hereinafter referred to as the "Credit Investigation Industry Supervision and Management Department") and its dispatched agencies shall supervise and manage the credit reporting industry in accordance with law.

Local people's ** and relevant departments at the county level or above are to advance the establishment of a social credit system for that region or industry in accordance with law, cultivating a credit reporting market, and promoting the development of the credit reporting industry.

Civil Code of the People's Republic of China

Article 188.

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 in special circumstances, the people's courts may decide to extend the protection on the basis of the rights holder's application.