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How to Enforce a Promissory NoteTypes of Property that can be used as collateral.Speak to them in person.Draft a Demand / Notice Letter.Write and send a Follow Up Letter.Enlisting a Professional Collection Agency.Filing a petition or complaint in court.Selling the Promissory Note.Final Tips.More items...?
Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.
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.
If the debtor refuses to pay the promissory note voluntarily, a civil lawsuit against the person may be necessary. If your suit is successful, the judge will issue a judgment in your favor. A judgment is a powerful collection tool.
What Happens When a Promissory Note Is Not Paid? Promissory notes are legally binding documents. Someone who fails to repay a loan detailed in a promissory note can lose an asset that secures the loan, such as a home, or face other actions.