Can I sue if the loan slip does not specify the repayment date? Lawyer Shen Jinlong discusses the calculation of the three-year statute of limitations for litigation and the key points for collecting and collecting evidence through WeChat, in accordance with Article 188 of the Civil Code

The promissory note does not specify the repayment date, so it can be sued without waiting for three years. The statute of limitations for litigation does not start from the day you write the promissory note, but from the day you first ask for money and the other party explicitly refuses. The second paragraph of Article 188 of the Civil Code clearly states that the statute of limitations for litigation shall be calculated from the date on which the right holder knows or should have known that their rights have been infringed and the obligor. A promissory note without a repayment date is considered to have an unclear performance period. You can request repayment at any time, but you need to leave a reasonable preparation time for the other party. So what really determines whether you win or lose in a lawsuit is not whether the promissory note has a date, but whether you have evidence to prove that you urged the other party on a certain day and when the other party turned against you.

Why is it beneficial for you instead of writing a repayment date

Many people get a promissory note without a repayment date written on it and feel anxious, thinking that the other party can say 'I didn't say it was due'. On the contrary, this type of promissory note is more friendly to lenders in practice. Because the repayment deadline is not clear, the statute of limitations for litigation has not even begun to run, so you do not need to count three years from the day of the loan. In the regulations of the Supreme People's Court on the application of the statute of limitations system in the trial of civil cases, it is clear that for contracts without a specified performance period, the statute of limitations only begins to be calculated when the creditor first claims rights against the debtor.

In other words, this promissory note in your hand can be kept for a long time. But 'can stay for a long time' does not mean 'can stay still forever'. We generally recommend that those who have borrowed for more than two years without any progress should at least send a written collection request to fix the time limit for initiating this action. When Guangdong Zhiming Law Firm handles private lending cases, the first step is often not the amount, but whether there are any collection traces.

Article 188 of the Civil Code: On which day does the three-year period begin

Article 188, Paragraph 1 of the Civil Code: The statute of limitations for filing a lawsuit for the protection of civil rights with a people's court is three years. The second clause: The statute of limitations for litigation shall be calculated from the date when the right holder knows or should have known that their rights have been infringed and the obligor. Article 3: If the right is infringed for more than 20 years from the date of infringement, the people's court shall not protect it.

Put it on a promissory note without a repayment date, and the starting point usually falls on the day when you first collect payment and the other party refuses to repay. Assuming that you lent 100000 yuan in January 2023, but the loan note did not specify the repayment date, and in March 2026, you received your first WeChat call for payment, but the other party replied 'no money, wait a little longer' - starting from the day of this reply, the loan will run for three years and expire in March 2029. If you urge in March 2026 and the other party does not respond, you will not be able to prove that they have received it. This starting point will become blurred, and the burden of proof will be entirely on your side.

Twenty years is an absolute limit, calculated from the date of infringement of rights, not from the date of collection. This number is rarely used by people, but once it approaches, there is basically no room for legal maneuvering.

How to leave evidence for WeChat collection? Just having screenshots is not enough

WeChat debt collection is the most common operation and also the place with the most accidents. Anyone can take screenshots, but screenshots are not conclusive evidence. If the other person says' this is not my WeChat ID ', you have to add a lot of things.

In practice, we will require the parties involved to do three things. Firstly, confirm your WeChat real name. You can retrieve real name information from Tenpay through transfer records, WeChat payment vouchers, or by applying to the court. The review of WeChat evidence in private lending cases by Shenzhen courts has become relatively mature, but the prerequisite is that you must connect the real name chain. Secondly, the chat content should be complete and not just cut off the word 'repayment'. It is necessary to connect the loan background, amount, collection time, and the other party's response into a line. Thirdly, speech is better than text, and text is easier to replicate than speech, but speech can recognize sound, and voiceprint comparison can be done if necessary. Text is easily questioned as to whether it was posted by the author.

There is one more thing that many people overlook when they first encounter it: the collection target must be the right person. You can send it to his wife or the company's finance department, but the delivery time may not be interrupted. Debt has relativity, and collection must reach the debtor himself or his authorized agent.

Four legal actions for interrupting the statute of limitations in litigation

Article 195 of the Civil Code lists four types of interruption situations: the right holder requests performance from the obligor; The obligor agrees to fulfill the obligation; The rights holder initiates a lawsuit or applies for arbitration; Other circumstances that have the same legal effect as filing a lawsuit or applying for arbitration. The consequence of interruption is to recalculate for three years from the termination of the interruption reason.

At the operational level, if you send a WeChat reminder for payment and the other party responds with 'next month's repayment', it means that the obligor agrees to fulfill the obligation and the deadline is interrupted. You send a lawyer's letter and the package is signed for. This is a request for performance, and the delivery time is interrupted. If you file a case in court, even if the lawsuit is later withdrawn, the action of suing itself can be interrupted. However, please note that if there are no new actions taken after the withdrawal of the lawsuit, the statute of limitations will run for another three years from the effective date of the withdrawal ruling.

In terms of the caliber of similar cases, the Shenzhen grassroots court attaches great importance to the continuity of chat records and the substantive response of the other party in determining the interruption of the time limit caused by WeChat collection. Unilaterally saying 'please repay the money', if the other party does not reply, some judges may consider the delivery to be questionable and may not necessarily interrupt it. This does not represent the outcome of individual cases, the specific case depends on the chain of evidence.

Do three things before filing a lawsuit, don't rush to pay the litigation costs

The first thing is to cross check the promissory note and transfer voucher. The promissory note states 100000 yuan, but only 95000 yuan was transferred. If there is no other evidence for the difference, the court may only recognize 95000 yuan. Private lending is a practical contract, and having a promissory note alone is not enough. For large cash payments, it is necessary to explain the source of funds and delivery details.

The second item is to confirm the jurisdiction of the court. A promissory note without a repayment date or jurisdiction clause is generally under the jurisdiction of the court where the defendant resides or where the contract is performed. For private lending cases in Shenzhen, if the target amount is not large and the facts are clear, they may go through the small claims procedure, with first instance and final appeal, but the right to appeal is limited.

The third item is to evaluate the other party's financial situation. Winning a lawsuit without getting money is the most heart wrenching outcome of private lending. Simultaneously filing a lawsuit and applying for property preservation, freezing the other party's account, and sealing off the property, is more valuable than the judgment itself. Preservation requires providing guarantees, and Shenzhen courts generally accept insurance company guarantees, with fees charged in proportion to the preservation amount. The specific criteria vary among different insurance companies.

The time limit calculation for promissory notes and IOUs is different

A promissory note proves a loan relationship, while an IOU proves a debt relationship. The statute of limitations for a promissory note without a repayment date is usually calculated from the date of issuance, as the promissory note itself is considered a confirmation of the existing debt, and the rights holder knows from that moment that their rights have been infringed. The loan agreement is different, it does not specify the repayment date, and the time limit starts from the first claim of rights. This difference can determine whether a case is won or lost in practice.

If you have a promissory note in your hand and have been delaying for more than two years, find it quicklyShenzhen contract dispute lawyerSee if it is possible to re fix the deadline through methods such as signing repayment agreements and confirming account reconciliation. The legal team led by Shen Jinlong from Guangdong Zhiming Law Firm has accumulated a lot of experience in time limited defense and remedy in the field of private lending, but the evidence structure of each case is different and cannot be standardized. You can also take a look at other practical articles in this column, such as Shenzhen labor arbitration with over 50000 cases per year, dismissal, wage arrears, competition restrictions, or partner conflicts and dilution of equity to 5%. How can Shenzhen bosses maintain 40%? Many pieces of evidence and ideas are similar.

Does it necessarily mean losing after more than three years? Not necessarily

When the statute of limitations expires, you lose the right to win, not the right to sue. The court will still file the case, but once the other party raises a time limit defense and the court finds that it has indeed exceeded three years and there is no reason for interruption or suspension, it will reject the lawsuit request. On the other hand, if the other party does not raise a time limit defense, the court cannot actively apply it. In practice, many defendants do not understand this rule or feel that "owing money is a loss" and did not hire a lawyer, resulting in the judgment being returned even after the time limit has passed.

In addition, the statute of limitations for litigation can be suspended. Article 194 of the Civil Code stipulates that if, within the last six months of the statute of limitations for litigation, a person is unable to exercise their right of claim due to force majeure, lack of legal representative, or other obstacles, the statute of limitations shall be suspended and shall expire six months from the date of elimination of the obstacles. This opening is very narrow, don't expect to rely on it for emergency rescue.

The most stable approach is to send a written collection every year and a half after the loan is due or the first collection, using EMS for express delivery. The waybill should clearly state "collection of loan" and keep a record of receipt. WeChat collection is synchronized, real name, complete, and responsive. Repeatedly interrupting the delivery time like this will not cause any problems.

Lawyer Shen Jinlong (Guangdong Zhiming Law Firm) reminds that the success or failure of private lending often lies not in the promissory note itself, but in the evidence chain outside the promissory note. If you have a promissory note, a transfer, and a collection record in your hands, all three of them are sufficient, you will have the confidence to sue. Which one is missing, make up for it first.

If you are worried about a promissory note without a repayment date written on it, or unsure if WeChat collection can be used, you can bring the materials to Guangdong Zhiming Law Firm for a face-to-face chat. The address and appointment method can be found atShen Jinlong LawyerYou can find it on the introduction page, or you can first browse the legal information section to see how to handle similar issues.

Lawyer Shen Jinlong (Guangdong Zhiming Law Firm)
Consultation Hotline: 0755-25986969

Disclaimer: The content of this article is a general sharing of legal information and does not constitute a legal opinion or agency commitment for any specific case. The determination of statute of limitations and standards for evidence acceptance in civil lending disputes may vary depending on the facts of each case, the structure of evidence, and the jurisdiction of the court. Please do not directly apply the conclusions of this article. In case of specific disputes, it is recommended to bring loan receipts, transfer vouchers, chat records and other materials, and communicate with practicing lawyers in person before making decisions.