Case new perspective · Ba Chu | Can I still have to come back if it exceeds litigation time -effective arrears?

Debt repayment

Heavenly righteousness

But everyone often ignores a problem

Debt

recently

Barchu County People's Court in Kashgar area

The trial was tried together

Cases of private lending disputes

The plaintiff Mai Mou and the defendant Xi Mou

I went to court because of a borrowing for more than ten years

Can Mai Mou still have to return money?

Retrospective

"Because it is a friend, I borrowed the two borrowings on the borrowing on the stool paper." The plaintiff Mai Mou said.

In 2011, the plaintiff Mai borrowed 30,000 yuan to borrow his friends twice. Considering the economic situation of Ximou at that time, he did not ask him to indicate the specific repayment date on the debit. If the money is not repaid on time, the one -year interest is 1,500 yuan.

The verbal agreed borrowing period has arrived, but Ximou required to repay the principal and interest on the grounds of poor management. Mai wanted to return the loan several times, but Ximou did business outside and never contacted him. Until 2021, when Mai Mou met Ximou, he talked about the debt again, and Ximou repaid Mai Mou 20,000 yuan.

However, the two sides gave different explanations on the 20,000 yuan.

Mai Mou believes that the 20,000 yuan is part of the borrowing of Ximou's repayment, and the remaining principal and interest of 25,000 yuan will be repaid. Xi Mou said that at that time, after friendly negotiation, Mai made it clear that the 20,000 yuan was calculated to repay the principal and no longer pursued the corresponding interest.

As a result, Mai Mou filed a lawsuit with the court at the time, asking the court to order Ximou to repay the surplus principal and interest of 25,000 yuan.

Mediation result

After the judge accepted the case, it was found that Mai Mou provided two rendering in more than ten years ago. Although the borrowing behavior was real and effective, it had exceeded the timeliness of the litigation of general debt. The judge introduced that the timeliness of the litigation of general debt is 3 years. If the creditors continue to have debt collection after more than 3 years, such as sending text messages and calling, they can prove that the creditors have claimed their rights during the limitation period of the lawsuit. Will be re -calculated.

In this case, Mai Mou had borrowed funds for more than 10 years. After investigation, Mai did not continue to collect debts to Ximou after the timing of the lawsuit. Acknowledge the true existence of debt claims.

In the end, after the judge's mediation, the parties voluntarily reached a mediation agreement, and Ximou agreed to repay the remaining principal and interest from Mai a total of 25,000 yuan to Mai.

Law link

"People's Republic of China"

Article 188 Paragraph 2 stipulates that during the limitation period of the lawsuit, the right person to know or should know that the right of rights will be damaged and the obligations shall be calculated. If the law has other provisions, in accordance with its regulations. However, if the rights of rights have been damaged for more than 20 years, the people's courts will not be protected and have special circumstances, the people's court may be extended according to the application of the right holder.

The judge reminds:

No matter how good the relationship is, you must advocate rights in time

No matter how good the debtors and creditors are, they must also be used when borrowing money. After the loan expires, they must claim their rights in a timely manner to avoid the timeliness of the lawsuit.

Of course, after the time limit for litigation, if the two parties negotiated to reach a new repayment agreement, at this time, a new debt and debt relationship will be formed again, and it will continue to be protected by law.

In general, if the creditors do not claim their claims within 20 years, they will lose the right to win, and the creditors claim that the claims will not be supported by the court.

However, losing the right to win does not mean losing the right to the physical request. The time -effective period of lawsuit stipulated in the law will no longer protect the rights of the creditors, but the creditor's physical rights still exist. If the debtor is willing to fulfill the obligations of debt repayment, the creditor still has the right to still have the right to still have the right to still have the right to have the right to repay the debt repayment. Get. After fulfilling the repayment obligation, if the debtor regrets the time limit of the lawsuit, or the claim that the creditor's reception is improper, the court will not support it, and the creditor can also refuse.

Source: Pomegranate/Xinjiang Legal System Newspaper

Correspondent: Guli Nur Ruzi

Edit: Li Ruiqi Senbaiti

- END -