For use in all states except AK,FL,ME,NY,PR,VT,VA,WV,WI
For use in all states except AK,FL,ME,NY,PR,VT,VA,WV,WI
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A promissory note means a signed document containing a written promise to pay a stated sum to a specified person at a specified date or on demand. It should be signed by the promiser.
Only the borrower signs a promissory note, whereas both the lender and the borrower sign a loan agreement.
A promissory note must be signed by the borrower to be valid. You may want the borrower to sign in front of a notary to ensure the signature is authentic. The lender keeps the original promissory note and the borrower should receive a copy.
At its most basic, a promissory note should include the following things: Date. Name of the lender and borrower. Loan amount. Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral? ... Payment amount and frequency. Payment due date. Whether the loan has a cosigner, and if so, who.
The first step in enforcing an unsecured promissory note is to file a petition with the courts and get a judgment in your favor. Although this is a powerful legal enforcement of your rights under the promissory note, it does not in and of itself guarantee repayment of the note.