People's Republic of China (PRC) Civil Code
Article 188 The limitation period of ordinary litigation and the longest period of rights protection shall be three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Article 192 Upon the expiration of the limitation of action, the debtor may raise a 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.
What evidence does it take to borrow money and not pay back the lawsuit?
(1) Evidence to prove the qualifications of the parties.
1. If the party concerned is a natural person, it shall submit his identity card or household registration book and other identification materials.
2. If the party is a legal person or other organization, it shall submit a copy of the industrial and commercial business license issued by the industrial and commercial registration authority or the main registration materials such as the industrial and commercial registration list and the corporate registration certificate.
3. If the name of the party changes after the legal relationship of litigation changes, the registration materials for change shall be submitted.
(2) Evidence to prove the existence of loan relationship: loan contract, loan agreement, IOU, IOU, repayment commitment letter, etc.
(3) Proof of repayment of each loan receipt or payment voucher for repayment of principal and interest.
(IV) Basis for calculating the amount of the litigation request; provide a calculation list of the principal and interest amount required to be paid in the litigation request, including the calculation list of the principal balance and the calculation list of the interest amount.