If I have borrowed money for more than 20 years and have not repaid enough on the way, can I be prot

Hello! According to Chinese law, the maximum statute of limitations is 20 years, and if it exceeds 20 years from the date of infringement of rights, the people's court will not protect it. Suspension and interruption are not applicable to these 20 years, and repayment during this period will not affect the calculation of these 20 years.

If the other party is still willing to pay you back voluntarily, there is no problem. I hope my answer is helpful to you!

Most likely, it is protected by law. Have you been advocating all the time? WeChat, QQ, sending a lawyer's letter, etc., it is best to have a recording or re-signed note to ask for money, and the time for the reminder is more than 3 years away from now?

If so, the other party can raise a defense in the lawsuit that the statute of limitations has expired. However, if the other party has a conscience and does not bring it up but admits the fact of borrowing, then the judge will still support it.

If the obligor does not raise a statute of limitations defense, the court will not take the initiative to explain, even if the statute of limitations has passed, you can sue the court to demand the other party to repay the money, but if the other party raises the statute of limitations defense, it will lose the right to win the lawsuit.

If the time limit of 20 years is exceeded, the law does not protect it, which means that the court will not initiate judicial proceedings for those who neglect to exercise their litigation rights. Although the court does not hear the case, the creditor-debtor relationship and its legitimacy are not affected, and the creditor can apply for people's mediation, and when other organizations understand and participate in the dispute settlement, the debtor will feel the credit pressure, and then after the mediator works, it is possible to reach a repayment agreement. Once the agreement is reached, a new creditor-debtor relationship is formed, which can be applied for judicial confirmation or separately sued.

Therefore, when disputes arise, in addition to litigation, it is also necessary to pay attention to and understand other non-litigation solutions.

Legal analysis: It depends on whether there is an agreed repayment time on the IOU, if it is agreed to repay after ten years, it is still valid; If there is no agreement, the statute of limitations is three years, and the valid statute of limitations has expired, and it is invalid; If the debtor voluntarily repays, it is valid.

Legal basis: Civil Code of the People's Republic of China

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, 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.

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.

Article 190:The statute of limitations for persons who lack or have limited capacity for civil conduct to make claims against their legally-prescribed persons is calculated from the date on which the legally-prescribed ** person terminates.

Legal analysis: whether the arrears for more than 20 years exceed the statute of limitations needs to be analyzed according to the specific situation, if the creditor does not exercise the creditor's rights within 20 years of borrowing, then the statute of limitations has been exceeded. The maximum period of limitation is 20 years, starting from the date on which the right is infringed, but it does not mean that the statute of limitations has expired for private lending beyond 20 years.

Because the statute of limitations is a variable period, it can be suspended, interrupted and extended for specific reasons.

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 has been infringed 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 rights were infringed, the people's courts shall not grant protection, and if there are special circumstances, the People's Bank of China may decide to extend the rights holder on the basis of the application.

For example, four years ago, a friend of Mr. Wan borrowed 30,000 yuan from me for business, and at that time he orally agreed to return it after one year, but he never returned it because of the loss of his business, and Mr. Wan never asked him for it because of the face problem between his friends. I heard that the statute of limitations for loan disputes is two years, and more than two years are no longer protected by law.

So, what can Mr. Wan do to protect his creditor's rights now?

First, a repayment agreement can be reached with their friends. According to the Reply of the Supreme People's Court on the Issue of Whether the Repayment Agreement Reached by the Parties Should Be Protected by Law during the Expiration of the Statute of Limitations, the repayment agreement reached by the parties on the original debt after the statute of limitations period is a new creditor's right and debt relationship. According to Article 90 of the General Principles of the Civil Law of the People's Republic of China, the repayment agreement shall be protected by law.

Second, the debtor can be allowed to re-sign the IOU to confirm the original debt. The Reply of the Supreme People's Court on the Legal Effect of the Borrower's Signature or Seal on the Demand Notice during the Limitation Period stipulates that, in accordance with the spirit of Articles 4 and 90 of the General Principles of the Civil Law, if a credit cooperative issues a notice of demand for a loan to the borrower after the limitation period has expired, and the debtor signs or seals the notice, it shall be regarded as a reconfirmation of the original debt, and the creditor-debtor relationship shall be protected by law.

Again, it is also possible to file a lawsuit directly with the court. As long as the debtor does not raise a defense that the statute of limitations has expired in the lawsuit, the people's court generally does not take the initiative to invoke the statute of limitations system to dismiss your claim.

Finally, it is also possible to claim the debt directly from the debtor. Because the expiration of the statute of limitations only extinguishes the right to prevail, but does not extinguish the claims and debts between them, the debtor can still be required to repay the loan through his own efforts.