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The property fee was owed for more than three years before being sued by the property.
The limitation period of general civil action is three years. After that, the obligee can still bring a lawsuit to the court. However, if no lawsuit is brought to the court during the limitation period, the obligee may lose the right to win the case, but the debt itself will not be eliminated. You can try to actively seek solutions from the following aspects:
1, looking for evidence of limitation interruption.
Think carefully about whether you have made a performance request to the owner who defaulted on the property fee within the limitation of action, including but not limited to letters, emails, text messages, WeChat and even face to face. If you do, and there is evidence to prove it, then the statute of limitations will be interrupted and recalculated.
2. Negotiate with the owners who are in arrears of property fees and sign an agreement to pay the arrears of property fees.
In this way, the limitation of action can be extended from the time when the repayment plan expires.
3. Keep the evidence that the owner who is in arrears with the property fee agrees to pay the property fee.
If the owner who is in arrears with the property fee is unwilling to make a written statement, he can invite an unrelated third party or relevant unit to witness it, and keep the telephone records, audio and video recordings that the owner who is in arrears with the property fee agrees to perform. The debtor's acknowledgement of creditor's rights, request for postponement of performance, provision of guarantee and payment of interest are all regarded as agreement to perform obligations.
4. Bring a lawsuit to the court.
If the statute of limitations has expired and there is no way to negotiate, then direct prosecution can also be considered, because according to relevant judicial interpretations and other regulations, the court cannot actively apply the statute of limitations. If the other party does not contest the limitation of action after prosecution, then your appeal may be realized.
legal ground
Article 192 of the Civil Code stipulates that if the limitation of action expires, the debtor may raise the defense of non-performance.
After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.
Article 193 of the Civil Code stipulates that the people's court shall not apply the statute of limitations on its own initiative.
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