"You owe me 610,000 yuan and haven't paid it back, why are you embarrassed to sue me in court?"
"Are you legally illiterate? The three-year prosecution period has passed, and I don't have to pay it back!"
(Case source: Xinfeng County People's Court)
A friend borrowed money and didn't pay it back, but you were embarrassed to speak? Lao Chen's experience is worth everyone's vigilance!
Lao Chen has always been very righteous. In 2018, Lao Chen's friend Zhang was in urgent need of money turnover. So Zhang found Lao Chen to express his intentions.
Due to the large amount, Lao Chen also hesitated at first. However, Zhang said that he could use the house as a mortgage and promised to pay it back on January 6, 2019, a year later.
Zhang said so, and Lao Chen was embarrassed to refuse. So he borrowed 610,000 yuan from Zhang.
Zhang was also neat, took the initiative to take Lao Chen to do the mortgage registration, and then handed over the real estate certificate to Lao Chen.
Lao Chen also sighed at that time that Zhang was definitely a trustworthy brother. But the one-year deadline mentioned at the beginning soon came, and Zhang never mentioned the repayment during this period.
Lao Chen was embarrassed to speak, so he comforted himself with the real estate certificate in his hand, thinking that his brother was just unable to repay it for the time being.
But year after year. Four years later, Zhang still did not repay the loan, and Lao Chen still did not open his mouth to Zhang.
The account seemed to have been forgotten, and the two lived their own lives.
In 2023, Lao Chen suddenly received a summons from the court, and the plaintiff was Zhang!
Lao Chen was confused for a while, Zhang still owed him 610,000 yuan and didn't pay it back, and the two didn't have a conflict during the period, why did he go to court?
It turned out that Zhang wanted to intervene through the court and ask Lao Chen to cooperate with the cancellation of the mortgage registration and return the real estate certificate to himself.
Lao Chen was instantly angry! He was worried that Zhang would not be able to turn around, so he did not collect the debt for a long time, why did he get accused?
Zhang hasn't paid back a penny in the past few years, how can he have the face to let himself return the real estate certificate to him? And he actually skipped himself directly and went to court!
Chen was very angry, but the verdict made him even more angry, and Zhang won the lawsuit!
It is true that Zhang borrowed money, but there is a prosecution period in civil cases. In general, if there are no special circumstances in civil cases, the prosecution period is three years.
In other words, after more than three years, the court will no longer accept the loan dispute.
Combined with the cases of Chen and Zhang, Zhang promised Chen that he would repay the loan on January 6, 2019.
Then if Zhang does not repay on time, Chen can file a complaint and sue him to the court to demand repayment.
Even if Zhang has no money at that time, Chen has the right to use the mortgage in his hand to demand cash and recover the loan.
However, Chen did not do so, and the three-year prosecution period took effect on January 6, 2019. If three years later, that is, before January 6, 2022, Chen still did not sue Zhang for repayment.
After that, the court will not take up the case again. In other words, even if Zhang did not repay the loan, the court would not require Zhang to repay the loan.
Zhang took advantage of this provision and took Chen to court. Now that the litigation period has passed, Chen did not use the mortgage during the litigation period.
Therefore, the court finally pronounced a judgment that Chen should cooperate with Zhang to go through the procedures for canceling the mortgage registration.
Obviously, because he couldn't save face and didn't understand the relevant laws, Lao Chen lost 610,000 yuan in vain!
Many people will question this provision, but the duration of litigation is not fixed. If Chen files a lawsuit, the three-year statute of limitations will be recalculated according to the date of the latest lawsuit.
Unfortunately, during the three-year litigation period, Chen never asked to protect his rights and interests.
What would you do if you encountered a situation where a friend did not repay the debt?
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