General legal information for the United States, not legal advice. Read the disclaimer

Promissory Note Guide: Putting a Personal Loan in Writing

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A promissory note is a written promise to repay money on stated terms. Putting a loan in writing protects the lender and clarifies expectations for the borrower, even when the people know each other well.

What to include

  • Names of the borrower and lender and the date.
  • The principal amount.
  • Interest rate, if any, and how it is calculated.
  • Repayment schedule: lump sum or installments, and due dates.
  • Late fees or what happens after a missed payment.
  • Whether the loan is secured by collateral.
  • Signatures, and a co-signer or guarantor if used.

Secured vs. unsecured

An unsecured note relies on the borrower's promise alone. A secured note gives the lender a claim on specific property, such as a car, if the loan is not repaid, which usually requires additional documents.

Interest and tax pitfalls

States set maximum interest rates, called usury limits, and charging more can make a loan unenforceable. For larger loans between family members, tax rules may treat very low or zero interest as a gift or require interest to be counted for tax purposes, so ask a tax professional.

If the borrower does not pay

You can send a demand letter and, if needed, sue, often in small claims court for smaller amounts. A clear signed note makes your case far stronger.

Frequently asked questions

Does a promissory note need to be notarized?

Usually not, but notarization can help prove it is genuine.

Can a note be forgiven?

Yes, if the lender releases the debt in writing. Forgiveness may have tax consequences.

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