1. Can I sue the other party for repayment one year after writing the IOU?
1. It depends on the content of the loan. If the repayment time is not agreed, the limitation of action shall be three years from the date when the lender requests repayment.
2. If the repayment time is agreed on the receipt, it will be three years from the date of expiration of the repayment period.
3. If the repayment date is not stipulated in the receipt, the creditor may demand repayment from the debtor at any time, and the debtor may also repay the creditor at any time.
4. IOUs are debt disputes. As long as the creditor has evidence to show that he has claimed his rights within the limitation period, the limitation period will be recalculated, but the longest period shall not exceed 20 years.
Second, what should I do if the debt exceeds the statute of limitations?
1. Try to make both parties reach a repayment agreement on the original loan through friendly negotiation. According to the law, the settlement agreement reached by both parties on the original debt after the limitation of action is a new creditor-debtor relationship, which should be protected by law.
2. If negotiation fails, one creditor may consider sending a reminder to the other. According to the relevant laws and regulations, the credit union issues a notice of overdue loans to the borrower, and if the debtor signs or seals the notice, it will be regarded as a reaffirmation of the original debt, and the relationship between creditor's rights and debts is protected by law. Although the legal status of the borrower is not necessarily the same as that of the credit union, the borrower can still consider taking this measure, which is better than nothing.
3. If the lender claims the rights to the borrower within 3 years and there is evidence to prove it, the limitation of action will be interrupted and recalculated from the date of interruption.
Senior creditor-debtor lawyer would like to remind you that although the IOU is no longer legally binding after the limitation of action ends, the creditor can interrupt or restore the limitation of action for creditor-debtor in other ways, such as reaching a repayment agreement with the debtor again. However, there are not many remedial measures that can be taken, and the risks are great. Therefore, creditors should pay attention to the statute of limitations of IOUs to prevent them from being over-prescribed. If there is a loan dispute, the creditor should be prepared for the lawsuit of IOUs.
If you don't want to file a civil lawsuit for owing money, you must go through court proceedings, which will involve the prescription of loan litigation. In general, the limitation of action for loans is three years, which can be interrupted.