First, what should I do after the statute of limitations has passed three years?
After the limitation of action has passed for three years, you should negotiate with the other party and ask the other party to repay the money or solve it through litigation. According to the relevant laws and regulations, the parties (defendants) have not raised the defense of the limitation of action, and the people's court should not actively apply the limitation of action to interpret and judge the limitation of action.
Generally speaking, if the limitation of action is exceeded, the right to win the case will be lost, but the court will still accept the claim, and it can support it as long as it can show that the limitation of action is suspended or interrupted. If it is found that there is no suspension of the limitation of action, the claim will be rejected.
Second, what are the legal requirements for the limitation of action?
The elements of limitation of action refer to the applicable elements of limitation of action.
1, there must be a claim. Limitation of action is a restriction on the right of claim. Without the right of claim, it is impossible to apply the statute of limitations.
There must be the fact that you are lazy to exercise your rights. The limitation of action is to urge the obligee, in fact, to protect the obligor. If the obligee slowly exercises his rights within a certain period of time, and there is no other reason to interrupt or suspend the limitation of action, it will take legal effect.
The fact that you are lazy to exercise your rights persists, which leads to the expiration of the limitation period. Expiration is sometimes called the end of the limitation of action and the completion of the limitation of action. When the limitation of action expires, the obligee's right to win the case will automatically disappear. If there is a fact that the limitation of action is interrupted or suspended, the limitation of action can be "extended", that is, it can be recalculated when it is interrupted, and it can be continued after the suspension period is lifted when it is suspended.
1, the limitation of action is not controlled by the will of the parties and the rights may be extinguished;
2, the limitation of action is mandatory by law, not agreed or stipulated by the parties themselves;
3. The effectiveness of limitation of action is the combination of period and fact;
4. The limitation of action only applies to creditor's rights, not all creditor's rights, such as creditor's rights in rem;
5, the judge has no right to take the initiative to explain and apply the limitation, which requires the parties to apply the system, that is, the limitation period starts from the date when the obligee knows or should know that its rights have been infringed, that is, from the date when the obligee can exercise the right of claim.
pause
Interruption of the limitation of action means that during the limitation of action, due to certain legal reasons, the limitation of action expires and is invalid. After the reasons for the interruption of the limitation of action are eliminated, the limitation of action starts again.
Legal reasons for interruption during litigation:
(1) The creditor makes a performance request to the debtor;
(2) The debtor agrees to perform its obligations;
(3) The obligee brings a lawsuit or applies for arbitration;
(four) other circumstances with the same effect as bringing a lawsuit or applying for arbitration.
In real life, the limitation of action has passed, which will bring very unfavorable consequences. For example, it has a certain impact on the right to win the case. At the same time, we need to remind everyone that in this case, you can still ask the other party to repay, and the other party is willing to repay, which will not be affected by this limitation of action.