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A personal loan agreement is a legally binding contract that defines the expectations for both a borrower and a lender. It can be drawn up with an official lender, like a bank or credit union, or used in a more informal situation, such as with a friend who's lending you an amount of money.
A Promissory note is essentially an unconditional written promise to repay a loan or other debts, at a fixed or determinable future date. Although it is legally enforceable, a promissory note is less formal than a loan agreement and is suitable where smaller sums of money are involved.
A loan agreement is any written document that memorializes the lending of money. Loan agreements can take several forms. The most basic loan agreement is commonly called an "IOU." These are typically used between friends or relatives for small amounts of money, and simply state the dollar amount that is owed.
For a personal loan agreement to be enforceable, it must be documented in writing, as well as signed and dated by all parties involved. It's also a good idea to have the document notarized or signed by a witness.
Categorizing loan agreements by type of facility usually results in two primary categories: term loans, which are repaid in set installments over the term, or. revolving loans (or overdrafts) where up to a maximum amount can be withdrawn at any time, and interest is paid from month to month on the drawn amount.
A promissory note is generally sufficient if the amount of money is relatively small and there is a great deal of trust between the lender and the borrower (or debtor). In contrast, a loan agreement is more appropriate if the two parties do not know one another well and have substantial debt.
Promissory notes are used to legitimize the agreement between the lender and the borrower in the eyes of the law. No promissory note may mean the loan contract isn't legally binding or enforceable.
Promissory notes are legally binding whether the note is secured by collateral or based only on the promise of repayment. If you lend money to someone who defaults on a promissory note and does not repay, you can legally possess any property that individual promised as collateral.