欠款合同诉讼时效是多久What is the statute of limitations for debt contract litigation
在对欠款合同纠纷处理的时候，我们除了要知道该提供哪些证据外，还需要了解清楚该纠纷是否已经超过了法律规定的诉讼时效。一旦纠纷超过了诉讼时效，则债权人就会丧失相应的胜诉权。那究竟欠款合同的诉讼时效是多久呢？请阅读下文进行具体了解。
一、欠款合同诉讼时效是多久
对欠款合同而言，如果其成因是基于借贷，如果欠款合同成因基于此前双方存在买卖等关系，那么，它实际上是对双方经济往来的一种结算，欠款合同是在债权人向债务人主张权利的时候，由于债务人没有能力给付或者拒不及时给付，债务人不得已而为之的。本应立即付款、及时结清却因无款可付而写了没有还款日期的欠款合同，出具欠款合同之日就是债权人的权利受到侵害之时，则诉讼时效应自写下欠款合同的次日起计算。
最高人民法院1994年3月6日作出的法复(1994)3号《最高人民法院关于债务人因约定期限届满后未履行债务而出具没有还款日期的欠款条诉讼时效应从何时开始计算问题的批复》指出，“双方当事人原约定，供方交货后，需方立即付款，需方收货后因款可付，经供方同意写下了没有还款日期的欠款合同，……诉讼时效应从供方收到需方所写欠款条之日的第二天开始重新计算”。当然，如果出具欠款合同时写下了还款日期，则诉讼时效应从还款日期届满的第二天开始计算。
1.注明还款期限的欠款合同，按照《民法通则》规定，诉讼时效从其注明的还款期限之日起计算为两年。
2.没有还款期限的欠款合同，出借人可以随时向借款人要求还款，诉讼时效从权利人主张权利之时开始计算。
3.在两年内，权利人再次主张权利的，适用诉讼时效中断的规定。
4.除非出借人在借款人出具欠款合同20年内不主张权利，才会超出法律时效。
二、欠钱不还起诉有用吗
1、欠钱不还起诉的作用
通过法律手段合法的要回自己的合法财产。
(1)对方有财产的，提供财产线索，通过诉讼，申请财产保护，然后申请强制执行，这样就可以合理合法的获得自己的合法财产。
(2)对方没有财产的，对方确实没有财产，但是可以通过诉讼明确债务关系，待对方有钱时，及时追讨，追讨不过，可以申请法院强制执行，甚至还可以按照一定的利息来获得赔偿，依然可以要回自己的钱。
(3)可以对欠钱的人，产生一定的法律威慑，促使其尽快还钱。
在诉讼过程中，需要提供完整的证据链，如果自己收集不到，可以找律师帮助解决。
2、欠钱不还起诉没有作用的情况只有一个，那就是无法提供有力的证据证明对方确实欠钱了，这种情况下，即使去法院起诉，也不能胜诉，不能获得法院的支持，最终也无法获得欠款。
When dealing with disputes over debt contracts, in addition to knowing what evidence to provide, we also need to understand whether the dispute has exceeded the legal statute of limitations. Once the dispute exceeds the statute of limitations, the creditor will lose the corresponding right to win the lawsuit. What is the statute of limitations for litigation on debt contracts? Please read the following text for specific understanding.
1、 What is the statute of limitations for debt contract litigation
For a debt contract, if its cause is based on borrowing and lending, and if the cause of the debt contract is based on the previous existence of a buying and selling relationship between the two parties, then it is actually a settlement of economic transactions between the two parties. A debt contract is a settlement that the debtor has no ability to pay or refuses to pay in a timely manner when the creditor claims rights against the debtor. If a debt contract that should have been paid immediately and settled in a timely manner but has no repayment date written due to the lack of funds to be paid is issued, the date of issuance of the debt contract is the time when the creditor's rights are infringed. The effect of litigation shall be calculated from the day after the debt contract is written.
The Supreme People's Court's Reply (1994) No. 3, issued on March 6, 1994, on the issue of when the statute of limitations for litigation should start when a debtor issues a debt clause with no repayment date due to failure to perform the debt after the agreed deadline, states that:, The original agreement between the two parties was that after the supplier delivered the goods, the demand party would make payment immediately. After the demand party received the goods, the payment could be made, and with the consent of the supplier, a debt contract without a repayment date was written. The effect of the lawsuit will be recalculated from the second day after the supplier received the debt note written by the demand party. Of course, if the repayment date is stated when issuing the debt contract, the litigation effect will be calculated from the second day after the repayment date expires.
According to the General Principles of the Civil Law, the statute of limitations for litigation shall be calculated as two years from the date of the repayment period specified in the debt contract.
2. For a debt contract without a repayment period, the lender may demand repayment from the borrower at any time, and the statute of limitations for litigation shall be calculated from the time when the right holder claims their rights.
3. If the right holder claims the right again within two years, the provision of interruption of statute of limitations shall apply.
4. Unless the lender does not assert their rights within 20 years of the borrower's issuance of the debt contract, the legal statute of limitations will be exceeded.
2、 Is it useful not to pay back the debt and file a lawsuit
1. The role of not repaying debts and suing
Legally reclaim one's legitimate property through legal means.
(1) If the other party has property, provide property clues, apply for property protection through litigation, and then apply for compulsory enforcement, so as to obtain their legitimate property reasonably and legally.
(2) If the other party does not have property, it is true that the other party does not have property, but the debt relationship can be clarified through litigation. When the other party has money, it can be recovered in a timely manner. If the recovery is unsuccessful, it can be applied to the court for compulsory enforcement, and even compensation can be obtained at a certain interest rate, and one can still recover their own money.
(3) It can create a certain legal deterrence on those who owe money, urging them to repay the money as soon as possible.
In the litigation process, it is necessary to provide a complete chain of evidence. If you cannot collect it yourself, you can seek the help of a lawyer to resolve the issue.
2. There is only one situation where not repaying the debt and suing is ineffective, which is the inability to provide strong evidence to prove that the other party does indeed owe the money. In this case, even if you go to court to sue, you cannot win the lawsuit, cannot obtain the support of the court, and ultimately cannot obtain the debt.