What should I do if I have an IOU and haven t paid it off for more than 4 months

Although the statute of limitations has expired, the legal effect of the IOU will not be affected, and the creditor can also sue in accordance with the law.

Article 135 of the General Principles of the Civil Law: The statute of limitations period for requesting protection of civil rights from the people's courts is two years, except as otherwise provided by law.

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.

Four months have elapsed since the repayment time has passed, and the statute of limitations has not expired. You can prepare relevant materials to request the other party to repay the loan and interest through litigation.

If the IOU does not have an agreed repayment period, it can be claimed at any time in accordance with the law, and the three-year statute of limitations will be calculated from the date of claim; If a repayment period is agreed, if the debtor fails to repay the loan in a timely manner on the date of the expiration of the repayment period, the creditor knows or should know that its rights have been infringed.

At this time, if the creditor does not file a lawsuit with the court within three years, it may face the risk of losing the lawsuit beyond the statute of limitations, and if you do not claim your rights within three years, you will lose the right to win the lawsuit. If the statute of limitations has expired, if the other party recognizes the debt and agrees to perform it, it will be deemed to have re-recognized the original creditor's rights and debts, and it can still sue for recovery.

If the other party asks for a rewrite, he must give you the old IOU, otherwise you won't write it to him.

It has been more than three years at most, and the other party asked the other party to ask for a rewrite, but the previous loan has not been repaid, what should I do if I give it back to her, and write it back later.

What are the main contents: (1) The standardized IOU should have the following contents: 1

The full legal names of the borrower and lender should be clearly stated; 2.The amount borrowed should be clearly written, including the amount in uppercase and lowercase; 3.The time limit of the loan should be clearly written, including the start and end dates of the loan and the clear term of the loan; 4.

The specific date, month and date of repayment should be clearly stated; 5.The interest on the loan should be clearly written, there should be a clear annual interest rate or monthly interest rate, and the total amount of interest on the loan that should be paid (including uppercase and lowercase amounts) and other agreements; 6.The date, time and method of repayment of the principal and interest of the loan should be clearly stated; 7.

There should be a signature, handprint or handwritten signature of the borrower himself; 8. If necessary, it shall be signed by the guarantor, and the guarantee period and responsibilities shall be clearly stated. (2) Precautions for writing IOUs: 1. When writing IOUs, you must pay attention to writing down the borrower, the date of borrowing, the date of repayment, the signature of the borrower, the amount of the loan, the reason for the borrowing, etc., and it is advisable to be as detailed as possible.

2. Use good quality paper for long-term storage, and use a black pen to write as much as possible. 3. If there are witnesses, you can ask the witnesses to sign the IOU to increase credibility.

If the IOU stipulates monthly repayment, when the other party does not repay, you can negotiate privately with the other party, and if the negotiation fails, you can make the other party repay the loan by suing the other party by law, and if the other party insists on not repaying, you can ask the court to compel the repayment.

1. What should I do if I don't repay the loan if the IOU agrees to repay the loan every month?

Loans can be sued for recovery. Article 675 of the Civil Code (effective January 1, 2021) stipulates that the borrower shall return the loan within the agreed period.

Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with 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.

Article 680 Where there is no agreement on the payment of interest in the loan contract or the agreement is not clear, it shall be deemed that the interest is not paid.

Where the loan contract between natural persons stipulates the payment of interest, the interest on the loan shall not violate the provisions of the State on restricting the interest rate on borrowing. As for the statute of limitations, there is no time limit for repayment, and you can ask for repayment at any time, counting from the time of the first request for repayment, without interruption, and the statute of limitations is two years, so it is recommended to sue in time.

Regarding interest: According to the Several Opinions on the Trial of Loan Cases by the People's Courts issued by the Supreme People's Court, the interest rate of private loans may be appropriately higher than the interest rate of banks, and local courts may grasp it according to the actual situation of their respective regions, but the maximum shall not exceed four times the interest rate of similar loans of banks (including the principal amount of interest rate), and the interest on the excess part shall not be protected.

2. How to sue for non-repayment of loans?

First of all, there must be evidence to prove the fact of arrears, such as delivery lists, IOUs, IOUs, audio and video recordings, and other written materials that may reflect the payment;

second, to sue the court for repayment and payment of interest;

Third, it is possible to inquire whether there is real estate, vehicles, and deposits in his name, and to seal and freeze them for enforcement.

Fourth, if the repayment period has expired for two years, and the period has passed, evidence must be found to prove it, otherwise the statute of limitations will be exceeded.

Fifth, if there is a guarantor, the guarantor shall be appointed as a co-defendant within the guarantee period and demand joint repayment of the arrears.

Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Civil Code (effective January 1, 2021).

Article 188: The statute of limitations for filing a request to a people's court for protection of civil rights is three years, except as otherwise provided by law.

Only the Civil Code (effective January 1, 2021).

Article 195 The statute of limitations is interrupted by the initiation of a lawsuit, the request of one of the parties, or the agreement to perform an obligation. From the time of interruption, the statute of limitations period is recalculated.

Generally speaking, it is best to negotiate privately, but if you can't negotiate, you can sue for recovery and enforce it by the court, but you need to first determine that the IOU is legal, and then collect sufficient evidence, so that the winner of the lawsuit can be returned much more likely.

Summary. 1. Is it okay to call the police if the other party does not repay the money if there is an IOU?

1. It is okay for the other party to report to the police if there is an IOU, but for the vast majority of loan cases, it cannot be dealt with by the police, and can only be handled by litigation, or you can send a lawyer's letter to claim your rights. Therefore, it is best to resolve the matter through negotiation, litigation, arbitration and mediation.

2. If one party defrauds others of property in the name of borrowing, it may constitute the crime of fraud, and then you can report to the police.

Second, how to fight a lawsuit if you don't repay the borrowed money.

1. When a party files a lawsuit, it shall first submit a statement of indictment, and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

2. According to"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:

1) Materials on the plaintiff's qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

I wrote an IOU, and I pay it back so much every month, but he hasn't paid it back so much this month, I want to call the police to deal with it, is it useful.

1. Is it okay to call the police if the other party does not repay the money if there is an IOU? 1. It is okay for the other party to report to the police if the other party does not repay the money with an IOU, but for most loan cases, you cannot call the police to deal with it, and you can only use litigation or send a lawyer's letter to claim your rights. Therefore, it is best to resolve the matter through negotiation, litigation, arbitration and mediation.

2. If one party defrauds others of property in the name of borrowing, it may constitute the crime of fraud, and then you can report to the police. 2. How to file a lawsuit if you don't repay the borrowed money1. If a party files a lawsuit, it should first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of the persons who are responsible for the change of acre shall be clearly stated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated.

The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end of the indictment shall be signed or affixed with an official seal. 2. According to"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court: (1) materials on the plaintiff's subject qualifications.

Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

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Summary. Hello, according to the problem you complained, if the private loan exceeds the statute of limitations, the lender can generally only recover the loan through negotiation, mediation and other self-remedies methods; However, if the lender files a lawsuit with the court and the borrower agrees to perform or has already performed, the borrower can also recover the loan through litigation.

Hello, dear, according to the question you complained, if the private loan exceeds the statute of limitations, the loan imitator can generally only recover the loan through negotiation, mediation and other ways to save the envy of the people; However, if the lender files a lawsuit with the Duan Pai Court, and the borrower agrees to perform or has already performed, it can also recover the loan through litigation.

According to Article 188 of the Civil Code Law, the statute of limitations for requesting protection of civil rights from the people's court 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 right holder was harmed, the people's court will not protect it, and if there are special circumstances, the people's court may decide to extend the auspicious ants on the basis of the right holder's application.

Summary. If the IOU is written to be repaid within one month and not repaid when it expires, then the IOU is still valid. The borrower is obliged to repay the loan on time in accordance with the terms on the IOU, and if the borrower does not repay the loan on time, the IOU remains valid and the borrower is still obliged to repay the loan in accordance with the terms on the IOU.

It is written on the IOU that it will be repaid in one month, and it is valid if it is not repaid when it expires.

If the IOU is written on the strip for one month and is not repaid when it expires, then the IOU is still valid. The borrower is obliged to repay the loan on time in accordance with the terms on the IOU, and if the borrower fails to repay the loan on time, the IOU is still valid and the borrower is still obliged to repay the loan in accordance with the dust clause on the IOU.

The interest and repayment date are not indicated on the IOU, and the borrower cannot be contacted now, and a way to contact the debtor to urge the debtor to make the payment. An IOU is a written document indicating the creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU.

Article 135 of the General Principles of the Civil Law stipulates that: "The statute of limitations for filing a request to the people's court for protection of civil rights shall be two years. "If the statute of limitations for suing Liang La exceeds two years, the people's court will not accept it, and the lender's claim will lose its legal protection.

The lender may interrupt the statute of limitations by asking the borrower to write a repayment plan before the statute of limitations expires. According to the laws of China, the new statute of limitations can be recalculated from the date of interruption, so that the lender not only has the right to sue, but also can continue to have the right to win the lawsuit, which is conducive to protecting the legitimate rights and interests of the lender.

Can you elaborate on the whole thing as a borrowing process?

Let me help you analyze this matter.