Promissory Note Template
When to use a promissory note
- Lending money to a family member or friend
- A business loan between a founder and their own company
- Seller financing on a car, equipment, or property
- Converting an unpaid invoice or old debt into a structured payment plan
- Documenting a down-payment gift or loan for a mortgage lender
Secured vs. unsecured notes
An unsecured note is a bare promise to pay. If the borrower defaults, the lender's remedy is to sue and then collect on the judgment.
A secured note names collateral — a vehicle, equipment, an account — that the lender can claim on default. Secured notes get repaid more often, and the collateral description needs to be specific enough to identify the item.
What information you'll need
- Names and addresses of the lender and the borrower
- Principal amount and the date funds are advanced
- Interest rate, if any, and whether it's simple or compounding
- Repayment: lump sum on a date, or installments with amounts and due dates
- Late fee and grace period
- What counts as default and what the lender can do about it
- Collateral, if the note is secured
Interest, usury limits, and taxes
Every state caps the interest a private lender can charge, and the caps vary widely. Charging above the state usury limit can void the interest entirely and, in some states, the principal too. When in doubt, a modest rate is safer than an aggressive one.
For family loans, the IRS expects interest at or above the Applicable Federal Rate. Below that, the difference can be treated as a gift or as imputed interest income. A zero-interest loan between relatives is common but has tax consequences worth knowing about.
Keep proof of the transfer — a check or a bank transfer, not cash. A signed note plus a bank record is close to unbeatable evidence if you ever need to collect.
A note on legal advice
Easy Legal AI is not a law firm and does not provide legal advice or attorney representation. This page and the documents it creates are self-help tools. Laws differ by state and change over time — for a high-value dispute or an unusual situation, have a licensed attorney in your state review the document before you rely on it.
Frequently asked questions
›Is a promissory note legally binding?
›What's the difference between a promissory note and an IOU?
›How long do I have to collect on a note?
›What if the borrower stops paying?
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