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Can't I sue for loan interest? Is there a statute of limitations?
Legal analysis: there is no limit to the amount of money owed for prosecution. If the other party doesn't pay back the money owed to you, you should keep relevant evidence, such as the copy of the other party's ID card or ID number, contracts, emails, text messages, recordings, remittance records, etc. You can sue at his domicile or habitual residence and ask him to pay back the money in time. You should contact your lawyer in time to help you analyze and guide you on how to further collect evidence. Don't miss the statute of limitations, or you won't win the lawsuit. Protect your legitimate rights and interests. It depends on whether there is time to pay back the money on the IOU. If there is, it should be prosecuted within 2 years after the repayment time. If you don't sue, the two-year statute of limitations has expired and you can't get the right to win the case. At the same time, it depends on whether you have any evidence to prove that the prescription has been suspended or interrupted. If the money on the IOU is not paid back in time, you can sue for money at any time, and your request has no statute of limitations. The interest cannot exceed 4 times the interest of similar loans of the bank in the same period, and the interest higher than 4 times is invalid. If you find that the other party has property, you can apply for financial guarantee in time. If you win the lawsuit, you can repay your loan from the real estate. If the amount is small, the probation period is 3 months; If the amount is large, the probation period is 6 months. If there is no property in its name, it can only be executed if it has the ability to repay. Generally, the trial period of first instance is 6 months, and the legal fee depends on the amount of your lawsuit.
Legal basis: Article 119 of the Civil Procedure Law of People's Republic of China (PRC) must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.
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