Limitation of creditor's litigation

Legal analysis: the limitation of action means that the obligee whose civil rights have been infringed fails to exercise his rights within the statutory limitation period, and the debtor obtains the right of defense at the expiration of the limitation period. During the statutory limitation period, if the creditor makes a request, the people's court will force the debtor to perform its obligations.

Legal basis: Article 188 of the Civil Code of People's Republic of China (PRC).

The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.