I. Overview of the Statute of Limitations for Civil Actions

The statute of limitations for civil actions refers to a legal system in which if the right holder does not exercise his rights within the statutory period, he will lose the right to request the People’s Court to protect his civil rights. In Canada, the statute of limitations for different types of civil actions are different. Generally speaking, the statute of limitations for simple contract disputes may be 2 years, while the statute of limitations for real estate disputes may be longer. The purpose of the statute of limitations system is to urge the right holder to exercise his rights in a timely manner and maintain the stability of the social and economic order.

II. Common reasons for the expiration of the statute of limitations

  • Lack of legal knowledge: Many parties do not understand the provisions of the statute of limitations for civil actions and do not know that their rights are subject to time limits, thus missing the statute of limitations. For example, some creditors in small debt disputes think that as long as the other party owes them money, they can go to court at any time to sue.
  • Special circumstances delay: The parties may be unable to exercise their rights within the statute of limitations due to special circumstances such as force majeure, accidents, etc. For example, a party may encounter a severe natural disaster, which makes it impossible to collect evidence or file a lawsuit in time.
  • The other party’s delaying strategy: The debtor may delay or evade the debtor, causing the creditor to mistakenly believe that there is still a possibility of a negotiated settlement, thus missing the statute of limitations. For example, the debtor promised to repay the loan several times, but each time he made excuses to delay, which eventually led to the expiration of the statute of limitations.

III. Rescue methods after the statute of limitations has expired

1. Negotiate with the other party and reach a new repayment agreement

Even if the statute of limitations has expired, the creditor can still try to negotiate with the debtor, asking him to reconfirm the debt and reach a new repayment agreement. Once a new agreement is reached, the statute of limitations will be recalculated from the date when the performance period agreed in the new agreement expires. For example, if the creditor and the debtor re-sign a repayment agreement and agree to pay off the debt within 3 months, the new statute of limitations will start from the expiration of the 3-month period.

2. Collect evidence that the other party agrees to perform its obligations

If the debtor agrees to perform his obligations in writing or orally, it can be regarded as a waiver of the right to plead the statute of limitations. The creditor can collect evidence, such as the debtor’s repayment commitment letter, text messages, WeChat chat records, etc., to assert his rights in court. In one case, the debtor told the creditor through WeChat that he would repay the loan as soon as possible. The creditor saved the chat record, and in the subsequent lawsuit, the court recognized the debtor’s waiver of the right to plead the statute of limitations.

3. Find the reasons for suspension or interruption of the statute of limitations

In some cases, the statute of limitations may be suspended or interrupted. For example, if the right to claim cannot be exercised due to force majeure or other obstacles during the last 6 months of the statute of limitations, the statute of limitations will be suspended. From the date when the reason for the suspension of the statute of limitations is eliminated, the statute of limitations will continue to be calculated. For another example, if the right holder makes a request for performance to the obligor and the obligor agrees to perform the obligation, the statute of limitations will be interrupted, and the statute of limitations will be recalculated from the time of interruption. The creditor needs to carefully examine whether these reasons exist and collect relevant evidence.

IV. Professional assistance from JZW’s legal team

The JZW lawyer team has extensive experience and professional legal knowledge in dealing with the issue of expired civil litigation and can provide you with the following services:

  • Case Assessment: Conduct a comprehensive assessment of your case, analyze whether there is a possibility of saving your rights, and develop corresponding strategies.
  • Negotiation: We will negotiate with the other party on your behalf to reach a solution that is beneficial to you.
  • Evidence collection and litigation agency: Help you collect and organize relevant evidence, and represent you in litigation when necessary to safeguard your legal rights and interests.

If you encounter the problem of expired civil statute of limitations, the JZW lawyer team will provide you with professional legal support.

JZW Law has an experienced team of civil litigation lawyers. They are fluent in both Chinese and English and provide professional legal services. We specialize in handling complex property division, corporate equity, trusts, overseas assets and other related issues. We provide preliminary consultation services, and you are welcome to contact us for more information or to make an appointment for consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need legal help, please consult a professional lawyer.