You can sue if the repayment time limit is exceeded. For loans between citizens, if both parties agree on the repayment period at the time of borrowing, and if the repayment is not made by the agreed date, they can sue. If there is no agreement at the time of borrowing, the lender can require the debtor to repay at any time, but A reminder must be made first, and the debt must be returned according to the return period specified in the reminder. If the debtor fails to repay the debt after the expiration of the period, he or she may sue.

Legal Analysis

The statute of limitations for loan disputes is two years, that is, the lawsuit must be filed within two years, otherwise it cannot be handled through judicial procedures. In a lending relationship protected by law, it is the debtor's obligation to repay the loan. However, if the loan contract itself is invalid, such as knowing that the other party is using it to commit illegal crimes and still provides related loans, the borrower does not have to repay the money. Even if you file a lawsuit in court, the court will not support the plaintiff's claim, so when you borrow money, you must ask clearly why you borrowed the money. After the court makes a judgment on a loan dispute, it will issue a civil judgment. The civil judgment is also legally binding. Both parties must be bound by the civil judgment. If the debtor still does not repay the money after the judgment, the borrower can apply to the court. Enforcement. Application execution deadline. The person applying for execution must file an application within the legal period. The period for applying for execution is two years, calculated from the last day of the performance period stipulated in the legal document. Our country's law stipulates that no matter how many levels of trial the case has gone through, compulsory execution is It shall be under the jurisdiction of the court that made the first instance judgment.

Legal Basis

"People's Republic of China and Civil Code"

Article 671 The lender fails to provide funds in accordance with the agreed date and amount If a loan causes losses to the borrower, the borrower shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, the borrower shall pay interest on the agreed date and amount.

Article 670: Interest on borrowings shall not be deducted from the principal in advance. If interest is deducted from the principal in advance, the loan shall be returned and interest calculated based on the actual borrowed amount.