2. After winning the case, apply to the court for enforcement. When accepting enforcement, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law.
3. If the debtor has no executable property under his name and refuses to perform the effective judgment of the court, his personal credit report will contain negative information such as overdue payment, and he will be restricted from high consumption and entry and exit, and may even be punished by judicial custody.
The Ministry of Public Security prohibits public security organs from intervening in economic disputes and illegally arresting people, so those who are unable to repay the debts of microfinance companies will not go to jail.
First, the statute of limitations of IOUs, the statutory statute of limitations of IOUs, and the effective time of IOUs?
1. According to the General Principles of the Civil Law, the limitation of action is two years from the date of the indicated repayment period.
2. If there is no repayment period, the lender may demand repayment from the borrower at any time, and the limitation of action starts from the time when the creditor claims the right.
3. Within two years, if the obligee claims the right again, the provision of interruption of limitation of action shall apply.
4. Unless the lender does not claim rights within 20 years after the borrower issues the IOU, it is beyond the legal limit.
Second, the loan is valid, how many years is the loan valid, and how many years is the loan valid?
1. The validity of IOUs depends on the contents of IOUs. If the repayment time is not agreed, the limitation of action shall be two years from the date when the lender requests repayment.
2. If there is an agreed repayment time in the IOU, it shall be two years from the date when the repayment period expires.
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.
5. Paragraph 4 of Article 62 of the Contract Law stipulates:
If 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 preparation time.
3. What's the difference between IOUs and IOUs?
1. For the IOUs and IOUs indicating the repayment period, the limitation of action shall be calculated from the date when the repayment period agreed by both parties expires.
2. According to the General Principles of Civil Law, the limitation of action is counted from the time when you know or should know that your rights have been infringed.
3. If the debtor still fails to perform the debt by the repayment date indicated in the IOU or IOU, the creditor may take this as the critical point to calculate the limitation period of action.
4. The statute of limitations of such IOUs is the same as that of IOUs, and both are calculated from the date when the repayment period is indicated (generally, the statute of limitations is two years). After more than two years, the creditor's right will no longer be protected by law and lose the right to win the case.
4. What's the difference between IOUs, IOUs and receipts, IOUs and IOUs?
There are differences in the application of limitation of action between IOUs and IOUs that do not indicate repayment period or performance period:
1. IOUs.
1) If the creditor does not claim the right, the prescription cannot be calculated.
2) Therefore, the general limitation of action of 2 years is calculated from the date when the creditor claims the right and the debtor refuses to perform the obligation.
3) If the creditor does not claim the right, the longest limitation period shall apply, that is, 20 years from the date of the creditor-debtor relationship. If it has been more than 20 years, the people's court will not protect it.
2. IOUs.
1) overdue IOUs are a settlement of past economic exchanges between the two parties. When the debtor issues the IOU, the creditor knows that his rights have been infringed, and shall claim his rights to the people's court within two years from the date of issuing the IOU.
2) In other words, the limitation of action is calculated from the date when the IOU that fails to fulfill the time limit is issued.