However, banks generally don't sue when you are overdue. They will contact you to repay the loan as soon as possible. If you don't pay back after being urged by the bank, or if the bank can't contact you all the time, you will be sued by the bank.
Some people's credit cards may be overdue just because they forgot the repayment time for a moment or for other reasons. As long as they are overdue once, it doesn't matter. You just need to pay back the arrears as soon as possible.
The difference between IOUs and IOUs
First, IOUs prove the loan relationship and IOUs prove the debt relationship.
a loan is definitely a debt, but a debt is not necessarily a loan.
second, the reason for the formation of IOUs is the specific borrowing facts.
there are many reasons for the formation of IOUs, which can be based on various facts, such as the debt due to business, the debt due to labor services, the debt due to enterprise contracting, the debt due to damages, and so on.
Third, when the repayment date is not specified, the starting time of the limitation period of action is different.
IOUs and IOUs with agreed repayment period have the same time limit; There is a difference between IOUs and IOUs with no agreed repayment period.
"IOU" means that the debtor does not specify the specific repayment date in the IOU, but the performance agreement of the two parties on this debt is unknown. Article 88 (2) of the General Principles of the People's Republic of China stipulates: "If the time limit for performance is not clear, the debtor may perform its obligations to the creditor at any time, and the creditor may require the debtor to perform its obligations at any time, but the other party shall be given necessary preparation time." Article 137 stipulates: "The limitation period of action shall be counted from the time when you know or should know that your rights have been infringed. However, if more than 2 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation period. " Article 14 stipulates: "The limitation of action is interrupted by bringing a lawsuit, one of the parties making a request or agreeing to perform an obligation. From the time of interruption, the limitation period is recalculated. " Thus, when a creditor lends his own money to the debtor, his rights cannot be infringed by the debtor. The creditor's rights are only infringed when he asks the debtor to repay and is rejected by the debtor. The limitation period should be counted from the day after the debtor refuses to repay, and the limitation period is three years.
The "debt note" is based on the "Reply of the Supreme People's Court on when the limitation period of action should start to calculate the debt note without repayment date when the debtor fails to perform the debt after the agreed time limit expires" issued by the Supreme People's Court on March 26, 1994, which states: "After receiving the goods, the buyer wrote a debt note without repayment date with the consent of both parties. According to the provisions of Article 14 of the General Principles of the People's Republic of China and the Civil Law of the People's Republic of China, it should be considered that the limitation of action is interrupted. If the supplier has not claimed rights after the interruption of the limitation of action, the limitation of action shall be recalculated from the day after the supplier receives the debt written by the buyer. " It can be seen that when the debtor issues the IOU to the creditor, it has already infringed on the creditor's rights, and the limitation period of action starts from the day after the IOU is issued.