First, the conditions required for prosecution.
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
Second, can you sue if the debt is not due?
1. In one case, before the expiration of the contract, the borrower clearly indicated to the lender that he would not perform the principal debt without justifiable reasons.
2. In another case, before the time limit for performance comes, although the borrower has not explicitly indicated that he will not perform the debt, he has indicated that he will not perform or cannot perform the debt by his own behavior or current situation.
3. The debts that should be provided before the litigation expires, including:
1. Evidence materials that can prove the creditor's rights relationship with the defendant. Such as contracts, IOUs, receipts, IOUs, etc.
2. Evidence that he has fulfilled his obligations and the defendant has not fulfilled his obligations within the time limit. If the money was paid to the defendant on what day, where and by what means, and the defendant has not returned it at maturity, it is best to provide a witness who has nothing to do with the creditor's rights and the debtor;
3. If there is a guarantor or introducer, the name, gender, age, work unit and home address of the guarantor or introducer shall be provided. If there is a unit guarantee, the name, address and legal representative of the unit shall be provided.
4. Provide evidence to explain why the defendant fails to perform his obligations.
Legal basis:
Article 188
The limitation of action is three years from the date of repayment. However, before the agreed repayment period comes, it cannot be put into law.