The IOU does not state the borrowing time and repayment time

Don't worry, just go to court and settle it.

Since there is no time, your IOUs have no legal effect. But at the same time, you have borrowed money, so your friend can't deny it. You can ask a local lawyer for details, in fact, it is generally possible to settle privately, and there is no need to impress the conflict.

Prosecution: First, don't be agitated in court, but always stay calm.

Second, pay attention to the words you use, it doesn't matter if you say it slowly, and the key is not to say it wrong.

Third, the cause and effect of the incident should be clearly explained in 1510.

Fourth, list the evidence, your IOU is the most important physical evidence, relying on the trick of not indicating the time, there is a precedent in our law. This trick has long been ineffective, so you can rest assured that the money will not be returned.

Basically, these five articles are used, but this kind of civil dispute is generally resolved by the court through negotiation.

3,000 yuan will not be sued to the court, it is recommended to settle it privately. It's best to find a more prestigious local person to negotiate and settle it first, if the other party is too rude, then the weight of your words after you go to court will be much heavier, and at the same time, the number of witnesses will also increase.

All in all, you can't rely on this money if your classmates want to.

Or is it the bank's deposit and withdrawal records such as bank transfer or withdrawal from the bank when you give him money? If the above evidence can be proved, plus the IOU, the fact of the loan can basically be proved, and the court will have the certainty of winning the lawsuit.

3. "What should I do?" ": Go to court to sue him, and apply for preservation of his property at the same time as the lawsuit.

4. "What should I pay attention to when suing?" ”：

1) Gather evidence first.

2) Find clues to his property (is he an adult?) If you have reached the age of 18, or have reached the age of 16, but you are supporting yourself with the income of your labor: you can only ask him for it, and it is difficult for him to say if he has no money; If he is still a minor, he can claim from his parents and preserve his parents' property after suing).

5. "If you sue, what is the probability of winning the lawsuit?" If he has no property now, you can only apply to the court for enforcement and suspension of enforcement within 2 years after the judgment takes effect, and then apply for suspension of enforcement when he finds that he has property at any time in the future; Of course, if you find his property and apply for property preservation when you file a lawsuit, you can enforce it in place and get the money after winning the lawsuit.

There is no problem, there is no specific time, it is beneficial to you and does not affect the statute of limitations. So, there is no problem in winning the case. I support you and can contact further for consultation. Good luck.

Your IOU doesn't play a legal role at all, so why not be hard against hard.

The people who him

A court lawsuit is sufficient.

The odds of winning are quite high.

If you sue in court, you will win.

Legal analysis: If the date of repayment is not written on the IOU, you can request repayment at any time, and the statute of limitations will be calculated when the request for repayment is refused, and if you have not claimed the right within 3 years from this time, the statute of limitations will have passed, and you will lose the right to win the lawsuit. Of course, the way to claim rights can be to demand the repayment of the loan without interruption, and it is not always necessary to file a lawsuit with the court.

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

Article 667 A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

Is the IOU valid if it does not state the date of borrowing and the date of repayment? The IOU does not state the date of borrowing and the date of repayment, which is still valid. If the absence of a date is only a lack of formal requirements and does not affect the substantive part, the IOU does not stipulate a repayment period, and the creditor can claim it from the borrower at any time.

Tonghao Wang's father and son borrowed 200,000 yuan from their friend Zhang Zongxiang, and wrote an IOU, agreeing to repay the arrears and interest after one year. Unexpectedly, Wang's father and son played a trick when signing the IOU, and deliberately wrote "Zhang Zongxiang" as "Zhang Zongxiang Qingqian". Zhang Zongxiang didn't pay attention at that time.

After the repayment period, Zhang Zongxiang found the two to urge them to borrow, but the two were unwilling to return the IOU on the grounds that the name of the IOU was not Zhang Zongxiang. In desperation, Zhang Zongxiang sued the Wang father and son to the court. Although the court upheld Zhang's claim, Zhang also paid a great price for his carelessness in receiving the IOU.

2) It is a loan from himself, not a letter written by himself: Wang borrowed 10,000 yuan from Zhang. When Zhang asked Wang to write an IOU, Wang said that he went outside to find paper and pen to write an IOU, left the scene, and returned soon after, handing the IOU to Zhang, who saw that the amount of the IOU was correct, so he handed over 10,000 yuan to Wang.

When Hou Zhang asked Wang for money, Wang did not admit it. Zhang had no choice but to sue the court, and the court commissioned the relevant departments to evaluate the handwriting and confirm that the IOU was not written by the bureau Zhengxingwang. Later, after the court verified, Wang admitted that the loan was genuine, and that the IOU was written by him in imitation of his own handwriting.

According to Article 206 of the Contract Law of the People's Republic of China, the borrower shall return the loan within the agreed time limit. 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 the provisions of Article 61 of 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 61: After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

That's what your lawyer has to say. Hope the above answers are helpful in solving your problem.

The IOU is valid if it does not have a repayment date, because the IOU does not have a repayment date or the IOU does not have a repayment date, which does not actually affect the legal effect of the IOU or IOU. It also has no impact on the formation of creditor's rights and debts, and creditors can ask the debtor for debts and claim creditor's rights. However, if the IOU does not have a repayment date or the IOU does not have a repayment date, it will have an impact on the calculation of the statute of limitations under the law.

[Legal basis].

Article 188 of the Civil Code provides that 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 right was infringed, the people's court shall not protect it, and the people's court may decide to extend it according to the application of the right holder if there are special circumstances.

Summary. Legal Analysis: 1

Settlement through self-negotiation: The parties to the loan contract dispute can resolve the dispute through negotiation between the two parties, and if the two parties can reach an agreement, the dispute will be resolved, which is the lowest cost and not easy to intensify the conflict; 2.Mediation:

It refers to the activities of mediating and persuading the parties to a civil dispute on the basis of national laws, regulations, rules, and social morality norms under the auspices of the people's mediation committee, prompting them to understand each other, negotiate on an equal footing, and voluntarily reach an agreement to eliminate disputes. The People's Mediation Committee does not charge any fees for mediating civil disputes. It should be emphasized that the agreement reached by the people's mediation shall have compulsory effect if it is judicially confirmed by the people's court within 30 days from the date of its entry into force.

3.Filing a lawsuit in court.

Hello dear, happy to answer your <>

An IOU that is not valid when there is no repayment date. If there is no agreed repayment period, the statute of limitations is calculated from the first time the creditor asks the debtor to repay. If the IOU does not stipulate the repayment period, and the debtor does not claim the credit of the mu, then the limitation period of the claim is 20 years, and after 20 years, it will no longer be protected by law.

Legal Analysis: 1Negotiate a solution on your own:

If the two parties can reach an agreement, the dispute will be resolved, which is the lowest cost and not easy to intensify the conflict; 2.Mediation: refers to the activities of mediating and persuading the parties to a civil dispute on the basis of national laws, regulations, rules and social norms under the auspices of the people's mediation committee, so as to promote mutual understanding and equal consultation, and voluntarily reach a consensus to eliminate disputes.

The People's Mediation Committee does not charge any fees for mediating civil disputes. It should be emphasized that the agreement reached by the people's mediation shall have compulsory effect if it is judicially confirmed by the people's court within 30 days from the date of its entry into force. 3.

Filing a lawsuit in court.

Legal basis: Article 188 of the Civil Code of the People's Republic of China provides a statute of limitations period of three years for requesting protection of civil rights from the People's Court. Where the law on burial 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 infringed and that the obligor has been aware. 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.

1. If the IOU does not contain the date of repayment, you have the right to claim it at any time, including litigation, and there is no problem that the statute of limitations has expired for such loans; 2. If the lawsuit is won in a judgment, you can apply to the court for compulsory enforcement, and the amount of 6,000 yuan can be completely deducted from wages; 3. Before filing a lawsuit, if you have evidence (information on the temporary residence permit transferred, rental contract, certificate of the neighborhood committee where you live, etc.) to prove that you have lived in the neighborhood for one year, you can file a lawsuit in the district court where your residence is located. 4. The litigation fee is 50 yuan because the amount of the subject matter of the litigation is less than 10,000 yuan.

Article 143 of the Civil Code provides that a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 100 of the fifth hand after the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Article 511:Where the parties are not clear on the content of the relevant contract and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply: (4) Where the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare. Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

1. If the IOU does not contain the date of repayment, you have the right to claim it at any time, including litigation, and there is no problem that the statute of limitations has expired for such loans; 2. If the lawsuit is won in a judgment, you can apply to the court for compulsory enforcement, and the amount of 6,000 yuan can be completely deducted from wages; 3. Before filing a lawsuit, if you have evidence (information on the temporary residence permit transferred, rental contract, certificate of the neighborhood committee where you live, etc.) to prove that you have lived in the neighborhood for one year, you can file a lawsuit in the district court where your residence is located. 4. The litigation fee is 50 yuan because the amount of the subject matter of the litigation is less than 10,000 yuan.

Article 143 of the Civil Code: Civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 510:After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Article 511:Where the parties are not clear on the content of the relevant contract and cannot be determined in accordance with the provisions of the preceding article, the following provisions shall apply: (4) Where the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare. Article 668: The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.