Attempt Collect Debt Without Promissory Note
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FAQ
The debt owed on a promissory note either can be paid off, or the noteholder can forgive the debt even if it has not been fully paid. In either case, a release of promissory note needs to be signed by the noteholder.
Should be signed by the maker It is mandatory for the person making the promissory note to sign it. The promissory note can even be signed by maker's agent, who has been so authorised to do so by the maker himself. The pro note should be clear about the identity of the person undertaking to pay.
Even if a promissory note is lost, the legal obligation to repay the loan remains. The lender has a right to re-establish the note legally as long as it has not sold or transferred the note to another party.
Whether the signature of the lender is a mandatory requirement will differ from state to state. However, the signatures of the borrower and witness are of prime importance as without them, the note will be invalid and not have any legal capacity in a court of law.
