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It depends on when you last asserted your rights, and the statute of limitations will be interrupted because you assert your rights, and the invalidation will be recalculated after the interruption. The general statute of limitations is two years. Here's the legal basis:
Article 135 of the General Principles of the Civil Law: The statute of limitations 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 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.
Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Provisional) 173After the statute of limitations is interrupted due to the obligee's assertion of rights or the obligor's agreement to perform obligations, if the obligee again asserts the rights or the obligor agrees to perform the obligations within the new statute of limitations, it may be found that the statute of limitations has been interrupted again. Where the rights holder claims rights against the debt guarantor, the debtor's ** person, or the property custodian, it may be determined that the statute of limitations has been interrupted.
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If you want to pass in the middle, it will be counted as two years from the date of the last time you ask for money.
However, even if it expires, it can be sued. If the statute of limitations has expired, you will lose the right to win the lawsuit, and you still have the right to sue. These are two different things.
That is, you can sue, and the court will generally accept it, but will reject your request. There is only one exception: if the other party admits or voluntarily repays the loan, it is not subject to the statute of limitations.
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As long as the statute of limitations will not expire within 2 years after the date of repayment (if some are given in the middle, the time will be recalculated).
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2 years, if you give it in the middle, you need to rewrite the IOU and then it can be renewed for two years.
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The agreed repayment period is 2 years after that.
If it is given in the middle, it will be calculated for 2 years according to that time.
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Uninterrupted claims for 2 years are always valid.
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There has always been a right to sue.
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007 Liu Jinyu is right.
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Legal Analysis: The statute of limitations for you to apply to the people's court for protection of civil rights is three years. When the limitation period expires, the debtor obtains the right to defend against the statute of limitations, and when you exercise the right to claim against the other party, the people's court will no longer protect it.
The starting point of the statute of limitations, if the date of performance of the agreement is not in place, then three years from the date of performance of the agreement in arrears; If the IOU does not stipulate a date of performance, three years from the date of issuance of the IOU.
Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from a 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 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.
Note: The Civil Code came into force on January 1, 2021.
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