Can I sue for a ten-year loan now?
The IOUs dated 1 and 10 can be sued now, depending on whether there is an agreed repayment time on the IOUs. If it is agreed to be repaid after 20 years, it is still valid. If there is no agreement, the limitation of action shall be three years, which is invalid after the effective limitation of action. If the debtor repays voluntarily, that is the best answer.
2. The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Second, is it valid to write the ID number on the IOU?
Depending on the specific situation, the body of the loan note should write down what, what and how much the person or unit owes, and indicate the date of repayment. The name of the owed unit and the personal signature of the manager shall be attached to the signature office. If the IOU is written by an individual, it is only effective to affix the personal name of the IOU. The borrower shall repay the loan within the agreed time limit. There is no agreement or unclear agreement on the loan period.
3. Do I need to print the loan?
Generally speaking, it is enough to sign, and it is better if you sign by handprint. In many cases, in order to prevent disputes between the two parties on key figures, dates and other important information in the IOUs in the future, both parties will choose to press their handprints at key positions in the IOUs to show their approval of the contents. Usually, the name, amount and date are the places that need to be thumbprinted on the IOUs.
civil law
Article 668
A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
IOU format
1, the title must be written with the word "IOU", and it cannot be mistakenly written as "IOU" by others on purpose. Pay special attention: although the money is in the hands of others, the legal result is completely different;
2. Be sure to write down "today's borrowed cash yuan", indicating the amount in words only. Special attention: verify whether the figures are consistent. If the figures are inconsistent, amount in words shall prevail in judicial practice;
3. Be sure to write the correct lender's name and ID number, and at the same time, be sure to indicate the borrower's name and ID number to avoid problems such as verifying whether the borrower's identity is duplicate in case of dispute;
4. If you are not sure when to ask the borrower to return it, it is recommended that the lender not write the date of return, so as to ensure the 20-year limitation and not be unable to recover the limitation because of temporary forgetting.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
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