There is a 3-year time limit. The limitation period for applying to the people's court for protection of civil rights is three years. If the people's court makes a judgment that the guarantor is liable for suretyship or compensation, it shall specify in the main text of the judgment that the guarantor enjoys the rights specified in Article 31 of the Guarantee Law. If the right of recourse is not specified in the judgment, the guarantor can only file a separate lawsuit according to the fact that he is liable. The limitation of action for the guarantor to exercise the right of recourse against the debtor starts from the date when the guarantor assumes responsibility to the creditor.
Legal basis: The limitation period for applying to the people's court for protection of civil rights in Article 188 of the Civil Code is three years. If the law provides otherwise, such provisions shall prevail.
The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.