Lent money over 15 years ago and now it's "too late"? Limitation periods, acknowledgments and the 6-month rule
Loan principal: 15 years; each interest payment: 5 years. After that the debt survives but can be refused. What counts as acknowledgment, suing within 6 months.
A friend borrowed money years ago, keeps stalling, and now says that after 15 years they no longer have to pay. In Taiwan, a loan claim expires after 15 years and each interest payment after 5; after that the debt does not vanish, the debtor can simply refuse to pay. A message saying "I'll pay" or even a small repayment counts as acknowledgment and restarts the clock; a demand letter also interrupts it, but you must then sue within 6 months. For money you lend, keep the evidence and track the dates.
01Step 1: work out the dates
- Loan principal: 15 years (Civil Code Article 125).
- Interest: 5 years for each payment (Civil Code Article 126).
- The clock starts on the agreed repayment date; with no agreed date, from when you could first demand repayment.
02Step 2: get an acknowledgment and the clock restarts
An acknowledgment by the debtor interrupts the limitation period (Civil Code Article 129), and a fresh 15 years runs from that day (Article 137).
- Keep messages like "I'll pay you back" or "give me a bit more time".
- Bank transfers of partial repayments count as acknowledgment too.
03Step 3: send a demand letter, then sue within 6 months
- A registered demand letter (存證信函, sent by double-registered mail at the post office) asking for repayment interrupts the period (Civil Code Article 129).
- Within 6 months of sending it you must sue or apply for a payment order, or the interruption is treated as never having happened (Civil Code Article 130).
- Chunghwa Post: certified demand letters — Sending a 存證信函 at the post office
04Step 4: sue or apply for a payment order
- NT$100,000 or less: small claims procedure, NT$1,000 court fee.
- Or first apply for a payment order (支付命令), NT$500; if the debtor does not object within 20 days, it becomes final.
05Already past the limitation period
Civil Code Article 144: once the period has run, the debtor may refuse to pay. The debt still exists: if they repay voluntarily you can accept it; but if they raise the limitation defence, the court will not order them to pay.
06Where to ask
- The litigation counselling section at each district court.
- Legal Aid Foundation, 412-8518.
07Things to watch
- A demand letter buys you only 6 months; without a lawsuit or payment order in that time, the period counts as never interrupted.
- Each interest payment has only 5 years, so long-unclaimed interest expires before the principal.
- Keep the IOU, transfer records and messages; an oral loan alone is hard to prove.
- Small claims covers claims of NT$100,000 or less; for larger amounts, ask the court's litigation counselling section which procedure to use.
Sources
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