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How many years of arrears will exceed the statute of limitations?

Update time:2014/1/8 10:30:35 Browse times:1078

Q: Zhang own my uncle a debt; the repayment on the IOU should be in 2006. However debtor Zhang had never been heard since he went out to work. Therefore, the debt has never been repaid. Last year, Zhang returned, my uncle asked him for money but Zhang wanted to default. Reluctantly, my uncle went to the court to sue Zhang. Zhang told the judge that the debt had exceeded the statute of limitations, as my uncle asked him for money until last year. My uncle contradicted that is because Zhang went to the other province to avoid the debt, he cannot find him. The court has not ruling by now. Would please tell me whether Zhang’s statement will be supported or not? How many years of arrears will exceed the statute of limitations?

Lawyer’s Re: As your uncle has sued to the court, the other party put forward the filed for exceed the statute of limitations of justification, your uncle needed to prove that he requested the debtor to return the arrears within the statute of limitations. If there is valid evidence, the situation of your uncle meets the reason for the interruption and extension of statute of limitations of “Civil Procedure Law”. After the review of the court find that there is no reason for the interruption and extension, the court may reject your uncle’s claims.