Whether the expiration of the IOU has legal benefits

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 stipulates that if the parties agree to perform the same debt in installments, the limitation period shall be calculated from the date of expiration of the last period for performance. If the borrower fails to repay the money, the borrower needs to be asked to rewrite the IOU; An IOU that does not have a repayment period written and has a validity period of twenty years.

You need to resolve the issue of the statute of limitations. You can ask a lawyer to help you analyze and collect evidence.

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If B is willing to agree in writing to repay the loan, the two-year statute of limitations will be recalculated if the reconfirmation is reconfirmed.

If B does not cooperate in making the written documents, then the evidence can be obtained by means of audio recording, as long as B is shown to be willing to repay.

On the surface, the statute of limitations has passed, which is evaluated in the strict sense, but in fact, there is no way out, and there is another village.

It is very important to seek advice from a lawyer, and it is very important to re-fix the evidence, otherwise it can only rely on the power ---of the people to force tricks.

The point is that the other party acknowledges the loan, and you can give a grace period for repayment, allow partial repayment, or write a repayment plan.

Generally, the IOU is valid for two years after it expires, and if B agrees to repay it now, he can make another promise to repay the money or IOU. can be prosecuted.

Legal analysis: Whether the expiration of the IOU depends on whether the agreed repayment time has passed, or whether the statute of limitations has expired under the law. If the repayment period has passed, the creditor has the right to demand repayment from the debtor.

If the statute of limitations has expired, the creditor still has the right to demand repayment from the debtor, but the debtor can raise a defense of non-performance of the repayment obligation. The law stipulates that the effect of remorse in litigation is three years from the expiration of the repayment period. There is also a third situation, that is, the IOU does not specify the repayment period, then the three-year statute of limitations is calculated from the time when the other party is required to repay the loan, but the other party does not return.

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 statute of limitations period is calculated from the date on which the person who has made the right has been in trouble knows or should have known that the right has been harmed and that the obligor has been committed. 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.

If the IOU indicates the date of repayment, the statute of limitations runs for three years from the day after the date of repayment. If the repayment date is not specified, three years shall be counted from the date on which the creditor claims repayment from the debtor and the debtor refuses to repay. If the statute of limitations has expired, try to consider amicable negotiation to facilitate the parties to reach a repayment agreement.

If the parties are unable to negotiate, one of the creditors may consider sending a notice to the other party to collect the payment of the due amount.

[Legal basis].According to Article 188 of the Civil Code, which came into effect on January 1, 2021, 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 have known that the right has been damaged and that the obligor has been damaged. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the right to rent profit was harmed, the people's court shall not protect it, and if there are special circumstances, the people's court may decide to extend it on the basis of the right holder's application.