Is it really reasonable and legal to borrow money for more than three years without paying it back?

It's really true. However, there must be a premise. For example, Xiao Zhang borrowed 5,000 yuan from Xiao Li in June 2020 1 and promised to return it before May 2020 1. As a result, Xiao Zhang didn't pay back the money on May 1 day, and Xiao Li didn't ask Xiao Zhang for it. Moreover, for three years from May 1 year, Xiao Li never asked Xiao Zhang for money once, so from May 1 day, 2023, Xiao Zhang doesn't have to pay back the money.

Even if Xiao Li goes to court to sue Xiao Zhang, Xiao Zhang only needs to tell the court that Xiao Li has not asked for money from himself for more than three years, then the court will decide Xiao Zhang not to pay back the money, because these three years are called "statute of limitations" in the court.

In fact, it is very simple to avoid this situation. As long as you ask the other party for the bill at any time in these three years, the three-year statute of limitations will be recalculated from the date you ask for the bill. So we must pay attention to lending money to others in the future. It will take a long time to ask the other party for the account, and ensure that the three-year statute of limitations has not expired, otherwise the other party can justify not paying back the money.

If you borrow money for more than three years, you don't have to pay it back. You think too much, unless the lender has amnesia!

I have to talk to you about the limitation of action here.

According to Article 188 of the latest Civil Code, the limitation of action for requesting protection of civil rights from the people's court is three years.

This means that if the statute of limitations exceeds three years, the law will not protect it.

After reading this legal provision, many people simply understand that as long as they don't pay back the money for more than three years, they don't have to pay it back afterwards, which is legal and reasonable.

The fact is not as simple as you think.

As for the limitation of action for borrowing money, there are two different situations.

In the process of borrowing money, everyone may sign a contract or write an iou. If the specific repayment date has been specified in these loan documents, the limitation of action shall be three years from the second day of the repayment date.

For example, if the loan contract states that the repayment date is February 2022 10, then the limitation of action is February 2025 1 1 to February 9.

During this period, you can bring a lawsuit to the court at any time, but if you don't bring a lawsuit after more than three years, the limitation of action expires.

In other words, if a lawsuit is filed after February 2025 10, the court may not accept it.

Or even if the court accepts it, the creditor's right will not be recognized by the court, and the debtor may refuse to bear the repayment responsibility on the grounds that the statute of limitations has expired.

In private lending, many people don't have a specific repayment date, or even basic loan vouchers.

For this kind of loan with no specific repayment date, the limitation of action is not three years, but is calculated from the date when the owner claims the right, and the limitation of action is three years.

For example, a person borrowed a sum of money on May 20 19 1 2009, but he didn't sign any loan documents and didn't specify the repayment time.

This situation has a long time limit, and it is not necessary to return it after May 2, 2022.

For this kind of loan with no specific repayment date, according to the law, the limitation of action is calculated from the day when the creditor knows that his rights and interests have been infringed.

For example, the lender never asked the borrower to repay the money borrowed on May 20 19, but on May 28 1 20, he suddenly wanted the money back. From May 2, 2028, his statute of limitations is three years. Within three years, as long as he brings a lawsuit to the court, his rights and interests will be sanctioned by law.

Usually, the three-year statute of limitations refers to the effective time for everyone to bring a lawsuit to the court after knowing that their rights and interests have been infringed.

Once everyone brings a lawsuit to the court within the limitation of action, the protection period of everyone's rights and interests will be as long as 20 years.

Within 20 years, anyone can ask the debtor to repay the debt at any time, which will be protected by law. Unless 20 years have passed and the debtor is still unable to repay, the law will not protect the rights and interests of the lender after 20 years, unless the law stipulates some special circumstances.

It can be seen that the so-called loan time of more than three years is not repaid, which is completely nonsense.

Unless the repayment date has been agreed in the loan contract or loan bill, the borrower has not brought any lawsuit to the court after the repayment date comes.

For example, the borrower may have disappeared because of some special circumstances. As a result, after three years, he suddenly remembered to sue the court and ask the borrower to pay back the money. This situation really does not need to be repaid.

If the creditor's forgetfulness exceeds the limitation of action for three years and he still does not bring a lawsuit to the court, then according to the law, he is indeed not protected by law.

But this does not mean that the lender does not have to pay back the money completely.

After the limitation of action expires, the creditor negotiates with the debtor and the debtor makes a new repayment commitment.

For example, if the creditor has relevant evidence, including written or audio-visual evidence, to prove that the debtor has promised to repay the loan within a certain date orally or in writing, then the creditor can obtain a statute of limitations of three years from the date of commitment. From the date of acceptance, as long as the creditor sues the debtor within three years, it is protected by law.

Therefore, from the actual situation, it is unrealistic to owe more than three years, unless the debtor has some special circumstances and completely forgets the debt.

This is a fact, but this statement is not completely accurate. If the creditor refuses to repay the loan three years after the agreed repayment date, it may not repay it. However, if the creditor has demanded repayment for three years, it shall not be repaid after three years from the moment when the creditor gives up the recourse.

For example, in June 2065, Zhang San borrowed 50,438+00 from Li Si, and the interest rate and repayment period agreed in the contract were four years. Zhang San should repay Li Si's 50,000 principal plus interest on June 20 14. Results Zhang San failed to repay Li Si from June 2065438 to June 2004. During the three years from 20 14 1 to 20 17 1, Li Si did not ask Li Si for money, nor did he bring a lawsuit to the court to ask Zhang San to pay back the money. In this way, the three-year prosecution period stipulated by law is exceeded, and Zhang San can not return Li Si.

However, if Li Si often asked Zhang San for money from June 20 14, it will be three years since Li Si last asked Zhang San for money. Of course, Li Si should keep the evidence of asking Zhang San for money every time for prosecution.

Therefore, if you borrow money and the borrower fails to pay it back within the time limit, you must take it back in time. If you don't get it back after more than three years, the money will go to Shui Piao. Still have to pay attention to the statute of limitations to avoid economic losses!

As a judicial officer with a legal professional qualification certificate, I can tell you responsibly that borrowing for more than three years is not only possible under extremely special circumstances. It is generally difficult to encounter such a thing, especially now that the internet is developed and the basic legal knowledge and awareness of the whole people have been greatly improved.

The general statute of limitations is three years. There is indeed a reference to "three years" in law, which is called statute of limitations. After the expiration of the limitation of action, the debtor can be sued again, and the legal provisions of "the limitation of action has expired" can be invoked to defend, that is, there is no need to pay back the money.

Are you a little excited to see this place? Some people may start to plan not to pay back the money after three years and take other people's money for themselves.

In fact, even if you don't know the law, you should be able to think of how such an easy thing could happen in the world. What is the difference between this and theft and robbery? But the civil code does have a statute of limitations of three years, but some people just don't know the other, and the statute of limitations can be interrupted.

The limitation of action can be repeatedly interrupted and recalculated. Let me give you an example.

Suppose that Zhang San borrowed 65438+ 1 October 1 from Li Si on June 2020, and both parties agreed to pay back the money on July1day.

July 2020 1, Zhang San didn't return it. At this time, the limitation of action began to calculate, and three years later, on June 30, 2023, it will expire.

However, the limitation of action can be interrupted, as long as there are circumstances stipulated by law, it will cause the interruption of the limitation of action, including the following situations:

(1) Prosecution or arbitration

Very easy to understand. As long as Li Si goes to court to sue Zhang San, the statute of limitations will be interrupted immediately.

(2) Require the realization of creditor's rights

After the loan expired, Zhang San didn't pay back the money. Li Si asked Zhang San to pay back the money and made sure that Zhang San got instructions. The specific methods can be sending WeChat, making phone calls, recording, etc. The statute of limitations was interrupted.

(3) The debtor repays part of the debt or makes a debt repayment commitment.

Zhang San owed 654.38+10,000 yuan, and from the moment he paid back 20,000 yuan, the statute of limitations was interrupted; Even if Zhang San doesn't pay back a penny, as long as he makes a promise or writes a repayment plan, the limitation of action will be interrupted.

There is no limit to the number of interruptions of the statute of limitations, and the result is to start counting for three years again.

For example, on August 1 day, 2023, Li Si asked Zhang San to pay back the money, and the statute of limitations was interrupted, and three years were recalculated from August 1 day, 2023; On June 1 2024, Li Si went to court to sue Zhang San, and the statute of limitations was interrupted again, and it had to be recalculated for three years.

The longest statute of limitations is 20 years. The limitation of action can be interrupted indefinitely within three years, but the maximum limitation of action is 20 years.

In the above example, the repayment date is July 2020 1, so the longest limitation of action is June 30, 2040, in which three years can be recalculated indefinitely, but it will not take effect until June 30, 2040.

However, Li Si can apply to the court to extend the limitation of action. As long as the court approves, he can break through the limitation of the maximum limitation of 20 years.

To sum up, the general limitation of action does not need the approval of any organ, as long as Li Si asks Zhang San to pay back the money, it can trigger the interruption of the limitation of action; The extension of the maximum limitation of action of 20 years should be approved by the court.

Is it possible to delay paying back the money for 20 years? Theoretically, this is the case, because after 20 years, the longest statute of limitations expires, and Zhang San can argue that the statute of limitations has expired without court approval. The court no longer supports Li Si's claim for Zhang San to return the principal and interest of 654.38 million yuan.

However, this does not mean that Zhang San can avoid debts for 20 years.

Let alone the conscience condemnation and debt collection pressure in the past 20 years. As long as Zhang San passes the prosecution, it can trigger two effects, one is the interruption of the statute of limitations, and the other is to provide a legal basis for enforcement.

Zhang San sued Li Si during the ordinary statute of limitations, and he basically won the case. After winning the judgment, he asked Li Si to pay back the money. If Li Si doesn't pay back the money, he can apply for enforcement, and the court will forcibly transfer the amount in Zhang San's bank deposit or sell Zhang San's property to pay off the debt.

On the other hand, Zhang San not only has to pay back the principal and interest of 654.38+10,000 yuan (if there is interest on the loan at that time), but also bears additional expenses such as legal fees, execution fees and auction fees, which is not worth the candle; In addition, Zhang San's credit will be damaged, included in the bad credit record, and high consumption will be restricted in life.

In extreme cases, assuming that Li Si can really evade his debts, he lacks the most basic legal knowledge, and he really doesn't care about the creditor's rights of 654.38+ 10,000 yuan. After the debt repayment period came (July 654.38+0, 2020), Li Sisan was not asked to pay back the money for three years. It was not until March 654.38+0, 2024 that he remembered this matter and sued the court.

Since the general statute of limitations expires on June 30, 2023, there is no interruption of the statute of limitations. At this time, Li Si's money may not come back, and Zhang San can invoke the right of defense that the statute of limitations has expired. Of course, Zhang San's conscience discovered the possibility of paying back the money voluntarily.

If this really happens, Li Si can't blame others, who let him take the creditor's rights too seriously, which means that 654.38+10,000 yuan can be ignored for him.

Based on this, remind creditors to pay attention to their rights and never turn a blind eye to their claims within three years. In fact, if the other party does not pay back the money for a year or two, it can directly sue the court, at least let the other party write down the repayment promise or pay off part of the debt first.

It's true. But this statement is too one-sided, and the situation in practice is much more complicated than this, so we should analyze it flexibly according to the specific situation:

1. Prescription will be suspended or interrupted:

(1) If the creditor has made a debt claim within three years and kept relevant evidence, such as telephone recording and information transmission, the limitation of action will be suspended or interrupted.

(2) If the debtor repays the loan within three years, the limitation of action will also be interrupted.

The suspension and interruption mentioned above can be simply understood as stopping the calculation or recalculating the limitation of action.

2. Even if the limitation of action expires, it doesn't mean that the debtor doesn't have to repay, but the creditor can't ask for a loan through legal means. In other words, people who owe money still owe money, and they will owe it every day. If you have it, you must pay it back, unless you don't want to be a good person in this life.

3. The limitation of action needs to be put forward by the debtor himself, and the court will not take the initiative to apply it. Simply put, even after the limitation of action, the debtor should defend himself in court on this ground. If it expires, it will be invalid. When filing a case, the court cannot refuse to file a case on the grounds that the statute of limitations has expired. It must be filed in the first instance, and it is useless to file it in the second instance.

4, the limitation of action should also consider whether it is two years previously stipulated or three years newly stipulated, and it cannot be generalized.

To sum up, it is true that it is not necessary to borrow money for more than three years, but it is somewhat one-sided. In practice, we can't just judge by three years, but according to the specific situation.