A simple promissory note might be for a lump sum repayment on a certain date. For example, let's say you lend your friend $1,000 and he agrees to repay you by December 1st. The full amount is due on that date, and there is no payment schedule involved.
Promissory notes are quite simple and can be prepared by anyone. They do not need to be prepared by a lawyer or be notarized. It isn't even particularly significant whether a promissory note is handwritten or typed and printed.
A promissory note must include the date of the loan, the loan amount, the names of both the lender and borrower, the interest rate on the loan, and the timeline for repayment. Once the document is signed by both parties, it becomes a legally binding contract.
You can use a template or create a promissory note online. But before you begin, you'll need to gather some information and make decisions about the way the loan will be structured. First, you'll need the names and addresses of both the lender (or "payee") and the borrower.
Notarization Requirements by State
In New York, notarization isn't mandated for promissory notes to be enforceable. However, in California, while not explicitly required by law, notarization adds an extra layer of protection and legitimacy.
But what exactly do you need to write a promissory note? Include their full legal names, addresses, and contact numbers—include any co-signers if applicable. The terms of this note should specify the amount borrowed, repayment terms (including interest rate, if applicable), and the due date or schedule of payments.
Promissory notes are legally binding contracts that can hold up in court if the terms of borrowing and repayment are signed and follow applicable laws.
A promissory note could become invalid if: It isn't signed by both parties. The note violates laws. One party tries to change the terms of the agreement without notifying the other party.
While a lawyer isn't mandatory for drafting a promissory note, it is a good idea to seek legal advice if you plan on lending or borrowing money.
An IOU, a phonetic acronym of the words "I owe you," is a document that acknowledges the existence of a debt. An IOU is often viewed as an informal written agreement rather than a legally binding commitment. Dating as far back as the 18th century, at least, IOUs are still very much in use.
Promissory note fraud is a crime and those involved in a scam can face a lengthy prison sentence if convicted of fraud offenses.
A promissory note typically contains all the terms pertaining to the indebtedness, such as the principal amount, interest rate, maturity date, date and place of issuance, and issuer's signature.
So, does a promissory note need to be notarized? A promissory note isn't required to be notarized in many US states. However, you may choose to have the document notarized by a notary public. This is because notarization can offer protection in the event of a lawsuit.
If the borrower does not repay you, your legal recourse could include repossessing any collateral the borrower put up against the note, sending the debt to a collection agency, selling the promissory note (so someone else can try to collect it), or filing a lawsuit against the borrower.
Whether a promissory note is hand written or typed and signed, it is a legally, binding contract. LendingTree quoted Vincent Averaimo for saying, “However, it would be foolish to sign a handwritten promissory note as it is easier to add language to a handwritten note after the fact as opposed to a typewritten one.”
A promissory note is typically a way of formalizing a basic repayment agreement between two parties. This document establishes the terms, dates, and amount of each payment due. Without one you may not be paid on time, or you may run into other issues. A promissory document can be either secured or unsecured.
Depending on the state, there may be a statute requiring certain types of negotiable instruments, including promissory notes, to be notarized. You would need to speak with a local attorney to know for sure, but both parties to a promissory note need to sign it in order for the other party to enforce it against them.
Always be courteous and use polite language, such as "Hello, I lent you money last month and it was due on this date. Is it possible for you to repay me now? " The time and tone of your message will reveal a lot about you, so make it friendly rather than frustrated or annoyed.
A promissory note should include the principal amount, interest rate, repayment terms, conditions for default, and signatures of both parties. These elements help ensure clarity and enforceability, protecting both the lender and borrower.
Yes, a handwritten IOU is a legal document. Whether the agreement was typed or written by hand, the IOU can still hold up in court and be used to recover debts.