Unsecured Promissory Note Template, Free Download 2026

By Jessica Henwick, Editor-in-ChiefLegally reviewed by David Chen, Esq.
Electronic Signature Accepted

Unsecured Promissory Note Template Preview

When Do You Need a Unsecured Promissory Note?

You are lending money to a friend, family member, or business associate based on trust and creditworthiness, without requiring the borrower to pledge collateral. A simple promissory note template unsecured by collateral creates a legally enforceable obligation to repay while keeping the arrangement straightforward.

You need a written record of a personal loan to comply with IRS requirements and prevent the loan from being reclassified as a gift. The note should state an interest rate at or above the Applicable Federal Rate to avoid imputed interest tax issues.

Your business is issuing a short-term note to an investor, vendor, or employee, and no collateral is available or warranted given the loan amount and relationship. The note documents the repayment terms and provides the lender with a basis for legal action if the borrower defaults.

You want to create a demand note that allows the lender to call the loan at any time rather than setting a fixed repayment schedule. Demand notes are common for informal lending arrangements where the lender wants maximum flexibility on when to require repayment.

You previously made a verbal loan and now want to formalize it in writing. Converting an oral agreement to a signed loan agreement or unsecured promissory note strengthens the lender's position if the borrower later disputes the existence or terms of the loan.

The loan amount is relatively small and does not justify the cost of creating a security agreement, filing a UCC-1, or appraising collateral. An unsecured note provides basic legal protection without the administrative overhead of a secured arrangement.

⚠ Warning: Without collateral, unsecured notes carry higher risk for lenders. If the borrower defaults, the lender must file a civil lawsuit to obtain a judgment before pursuing collection. Under the UCC Article 3 negotiable instruments framework, ensure your note meets all requirements for enforceability.

What Should a Unsecured Promissory Note Include?

Maker and Payee Identification

Identify the maker (borrower) and payee (lender) by full legal name and address. If either party is a business entity, include the entity type, state of formation, and the authorized signer's name and title.

Principal Amount and Interest Rate

State the principal amount in numerals and words. Specify the annual interest rate, whether it is fixed or variable, and how interest accrues (simple or compound). For loans between related parties, the IRS requires the rate to meet or exceed the Applicable Federal Rate to avoid gift tax implications.

Repayment Structure

Choose the repayment type: installment payments on a fixed schedule, a lump-sum payment at maturity, or a demand note where the lender can request full repayment at any time. For installment notes, specify the payment amount, frequency, and dates. For demand notes, state the number of days' notice required before payment is due.

Late Payment and Prepayment Provisions

State the late fee amount or percentage and the grace period. Specify whether the borrower can prepay the note in full or in part without penalty. Most unsecured notes allow prepayment without penalty to encourage early repayment.

Default and Remedies

Define events of default, including missed payments, bankruptcy filing, and material misrepresentation. Specify the lender's remedies, which for unsecured notes are limited to acceleration of the remaining balance and filing a lawsuit to obtain a default judgment and pursue collection action.

Governing Law and Signatures

Specify which state's law governs the note. Under UCC Article 3, a promissory note is a negotiable instrument that can be transferred to a third party. The maker must sign the note. Electronic signatures are valid under the ESIGN Act, though many lenders prefer wet ink originals.

Legal Details: Key Clauses in a Unsecured Promissory Note

Parties and Recitals
1.1

This Unsecured Promissory Note (the "Note") is made as of [____________] (the "Effective Date") by [____________] (the "Maker"), an individual residing at [____________], in favor of [____________] (the "Payee"), an individual residing at [____________]. This Note is unsecured and is not supported by any collateral, mortgage, deed of trust, or other security instrument. Payee is relying solely on Maker's personal creditworthiness and promise to pay in extending the loan evidenced hereby.

1.2

WHEREAS, Payee has agreed to loan to Maker the principal sum set forth herein; and WHEREAS, Maker desires to evidence such indebtedness by this Note; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Maker promises to pay to the order of Payee the amounts and at the times specified in this Note. This Note is not secured by any collateral and Maker's obligations hereunder are general unsecured obligations.

Principal Amount
2.1

Maker promises to pay to Payee the principal sum of [$__________] (the "Principal Amount") in lawful money of the United States, together with interest thereon as specified in Article III. The Principal Amount represents the total loan proceeds disbursed by Payee to Maker on or about the Effective Date. Maker acknowledges receipt of the full Principal Amount and agrees that no further advances are contemplated under this Note.

2.2

All payments under this Note shall be made to Payee at the address set forth above, or to such other address or account as Payee may designate by written notice to Maker. Payments shall be made by check, electronic funds transfer, or such other method as is mutually agreed upon by the parties. All payments shall be applied first to accrued Late Charges, then to accrued and unpaid interest, and then to principal, unless otherwise directed by Payee in writing.

Interest Rate
3.1

The unpaid Principal Amount shall bear simple interest at a rate of [____]% per annum (the "Interest Rate"), calculated on the basis of a 365-day year and actual days elapsed, commencing on the Effective Date. The Interest Rate shall not at any time exceed the maximum rate of interest permitted under the usury laws of the State of [____________], and if any payment of interest would result in interest being charged in excess of such maximum rate, such payment shall automatically be reduced to the amount that results in interest at the maximum lawful rate.

3.2

In the event of any usury savings clause adjustment, any excess interest shall be credited against the outstanding Principal Amount, and if the Principal Amount has been paid in full, refunded to Maker. Maker and Payee intend to comply at all times with applicable usury laws. To the extent any interest or other charge under this Note is determined by a court of competent jurisdiction to be usurious, it shall be deemed void ab initio as to the excess and shall not affect the validity of the remaining provisions of this Note.

Payment Terms
4.1

Maker shall repay the Principal Amount and accrued interest in [____] equal [monthly/quarterly] installments of [$__________] each, with the first installment due on [____________] and subsequent installments due on the [____] day of each successive [month/quarter]. All outstanding principal, accrued interest, and any other sums due under this Note shall be due and payable in full on [____________] (the "Maturity Date"). Each installment shall consist of principal and interest amortized over the term of this Note.

4.2

If any installment payment is not received by Payee within [____] calendar days following the due date thereof, Maker shall pay a late fee equal to [____]% of the overdue amount or [$__________], whichever is greater (the "Late Charge"). The Late Charge shall be immediately due and payable and shall constitute liquidated damages representing a reasonable estimate of Payee's administrative costs resulting from late payment. Collection of the Late Charge shall not waive Payee's right to declare an Event of Default.

Prepayment
5.1

Maker shall have the right to prepay this Note in whole or in part at any time, and from time to time, without penalty or premium of any kind, upon written notice to Payee at least [____] Business Days prior to the intended prepayment date. Partial prepayments shall be applied to the outstanding Principal Amount and shall reduce future installment amounts proportionally, unless Payee and Maker agree in writing that partial prepayments shall instead reduce the number of remaining installments while maintaining the existing installment amount.

5.2

Upon prepayment in full, Payee shall mark this Note "Paid in Full" and return the original executed Note to Maker within [____] Business Days. No partial prepayment shall excuse Maker from paying any installment on the date it becomes due until the entire Principal Amount and all accrued interest have been paid in full. Accrued interest on the prepaid amount shall be calculated through the date of actual receipt of the prepayment by Payee.

Events of Default
6.1

Each of the following shall constitute an "Event of Default" hereunder: (a) Maker's failure to make any payment of principal or interest within [____] days after the date when due; (b) any representation or warranty made by Maker in connection with this Note proves to have been false or misleading in any material respect when made; (c) the filing of a petition by or against Maker under the United States Bankruptcy Code (Title 11) or any state insolvency law; (d) Maker's admission in writing of inability to pay debts as they become due; (e) the entry of a judgment or judgments against Maker aggregating in excess of [$__________] that remain undischarged or unstayed for [____] consecutive days.

6.2

Upon the occurrence and during the continuance of any Event of Default, the outstanding Principal Amount and all accrued interest shall bear interest at the Default Rate of [____]% per annum, or the maximum rate permitted by applicable law, whichever is less. Payee may, but shall not be required to, provide Maker with written notice specifying the Event of Default and affording Maker a cure period of [____] days from receipt of such notice; provided, however, that no cure period shall be required for Events of Default described in clauses (c) and (d) above, which shall be immediate and non-curable.

Acceleration
7.1

Upon the occurrence of any Event of Default, Payee may, at Payee's sole and absolute discretion, declare the entire unpaid Principal Amount, together with all accrued interest, Late Charges, collection costs, and all other amounts due under this Note, to be immediately due and payable without further notice or demand, except as may be required by applicable law (the "Acceleration"). Upon any Event of Default under Section 6.1(c), the Acceleration shall occur automatically without any election or action by Payee.

7.2

Following Acceleration, Payee may pursue all available legal and equitable remedies to collect the amounts due hereunder, including but not limited to commencing a civil action for damages, obtaining a prejudgment attachment or garnishment to the extent available under applicable law, and seeking any other relief to which Payee may be entitled. Maker acknowledges that because this Note is unsecured, Payee's remedies are limited to personal recourse against Maker.

Waivers
8.1

Maker hereby waives presentment for payment, demand, notice of dishonor, protest, and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement hereof, to the fullest extent permitted by the Uniform Commercial Code of the State of [____________] and other applicable law. Maker further waives all defenses based on suretyship or impairment of collateral, acknowledging that this Note is unsecured.

8.2

No extension of time for payment, forbearance, indulgence, or modification of the terms of this Note granted by Payee to Maker shall operate as a waiver of Payee's rights under this Note or at law. Maker agrees that Payee's acceptance of partial payments or payments marked "paid in full" or with similar notations shall not constitute an accord and satisfaction and shall not waive or impair Payee's right to collect the full amount due hereunder.

Governing Law and Jurisdiction
9.1

This Note shall be governed by, construed, and enforced in accordance with the internal laws of the State of [____________], without regard to principles of conflict of laws. Any action, suit, or proceeding arising out of or relating to this Note shall be brought exclusively in the courts of general jurisdiction of [____________] County, State of [____________], or in the United States District Court for the [____________] District of [____________], and each party irrevocably submits to the jurisdiction of such courts.

9.2

In the event of any action, suit, or proceeding to enforce this Note, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party, including fees incurred in any appeal or enforcement of judgment. This Note may not be amended, modified, or waived except by a written instrument executed by both Maker and Payee. This Note shall be binding upon the parties and their respective heirs, executors, administrators, successors, and permitted assigns.

Signature Requirements

Electronic Signature Accepted

Unsecured promissory notes are valid with electronic signatures under the ESIGN Act. Only the borrower's signature is legally required, though both parties typically sign. Notarization is optional but can help prove authenticity if the note is later disputed.

Related Contracts & Agreements Templates

A unsecured promissory note is often used alongside other contracts & agreements documents. Depending on your situation, you may also need:

How to Fill Out a Unsecured Promissory Note

1

Enter Party Information

Fill in the full legal name and address of the maker (borrower) and payee (lender). If either party is a business, include the entity name, type, and state of organization.

2

Set the Principal and Interest

Enter the loan amount in numerals and words. Set the annual interest rate and specify whether interest accrues as simple or compound. Check your state's usury law to confirm the rate is within legal limits.

3

Choose the Repayment Structure

Select the repayment type. For installment notes, enter the payment amount and schedule. For lump-sum notes, enter the maturity date. For demand notes, specify the notice period (typically 30 to 90 days) the lender must provide before requiring payment.

4

Set Late Fees and Prepayment Terms

Enter the late payment fee (typically 5% of the missed payment or a flat dollar amount) and the grace period (typically 10 to 15 days). Decide whether the borrower can prepay without penalty.

5

Review Default Provisions

Confirm the default triggers and remedies. For unsecured notes, the primary remedy is acceleration followed by a lawsuit. Consider adding an attorney fee provision so the lender can recover legal costs if they must sue to collect.

6

Sign and Distribute

Print the unsecured note form download, the maker signs and dates the promissory note. Each party should retain an original signed copy. The lender should store the original note securely, as the holder of the original note has the strongest enforcement position under UCC Article 3.

Free Template vs Custom Unsecured Promissory Note

FeatureFree TemplateCustom (AI or Attorney)
Basic unsecured note structure
Interest rate and repayment terms
State-specific usury complianceRate limits vary by state-
Demand note and installment options-
Attorney review and customization-
Printable unsecured promissory note template download (PDF/Word)

Key Facts About Unsecured Promissory Note Documents

Unsecured promissory note relies solely on borrower creditworthiness with no collateral.

Demand note allows lender to require full repayment at any time without notice.

Statute of limitations for promissory notes ranges from 3 to 10 years by state.

UCC Article 3 governs negotiability and enforcement of promissory notes.

Unsecured notes typically carry higher interest rates to compensate for increased lender risk.

Key Legal Terms in a Unsecured Promissory Note

unsecured promissory notedemand noteinstallment notelump-sum noteUCC Article 3negotiable instrumentstatute of limitationsdefault judgmentcollection action

When a Free Template Is Not Enough

Free templates cover standard situations, but a professionally drafted unsecured promissory note accounts for state-specific requirements, unusual circumstances, and enforceability considerations that generic forms miss. If your situation involves significant assets, complex terms, or potential disputes, request an attorney-drafted unsecured promissory note with a custom quote based on your situation.

Unsecured Promissory Note Template FAQ

What is an unsecured promissory note?
An unsecured promissory note is a written promise by a borrower to repay a loan without pledging any collateral as security. The lender relies entirely on the borrower's creditworthiness and promise to pay. If the borrower defaults, the lender has no property to seize and must instead file a lawsuit to obtain a court judgment before pursuing collection actions such as wage garnishment or bank account levies. Unsecured notes are commonly used for personal loans, family loans, and small business lending.
Is an unsecured promissory note enforceable?
Yes, an unsecured promissory note is legally enforceable when it is properly signed by the maker and contains the essential terms: the principal amount, interest rate, repayment terms, and the parties' names. Under UCC Article 3, a promissory note is a negotiable instrument with legal standing in court. The lender can sue the borrower for breach and obtain a judgment for the outstanding balance plus interest and fees. The note's enforceability does not depend on whether collateral is pledged.
What happens if someone defaults on an unsecured note?
When a borrower defaults on an unsecured note, the lender can accelerate the remaining balance and demand full payment. If the borrower does not pay, the lender's primary remedy is filing a civil lawsuit. If the lender prevails, the court issues a judgment that allows the lender to garnish wages, levy bank accounts, and place liens on the borrower's real property. The judgment typically accrues interest at the state's judgment rate and can be renewed. Collection can be more difficult than with secured notes because there is no specific collateral to seize.
What is a demand promissory note?
A demand promissory note is a type of unsecured (or secured) note that does not have a fixed maturity date. Instead, the lender can demand full repayment at any time by providing written notice to the borrower. The notice period is typically 30 to 90 days, depending on the terms stated in the note. Demand notes are popular for informal loans between friends, family, and business associates because they give the lender flexibility. If no demand is made, the borrower may continue making payments indefinitely.
Do unsecured notes charge higher interest?
Unsecured promissory notes typically carry higher interest rates than secured notes because the lender assumes more risk without collateral. If the borrower defaults, the lender has no property to seize and must rely on the judicial collection process, which is more time-consuming and uncertain. To compensate for this increased risk, lenders charge a risk premium in the form of a higher interest rate. The exact rate depends on the borrower's creditworthiness, the loan amount, and the prevailing market conditions, subject to state usury law limits.
Can you sue on an unsecured promissory note?
Yes, a lender can sue on an unsecured promissory note if the borrower fails to pay as agreed. The lawsuit is typically filed in the court with jurisdiction over the amount in dispute (small claims court for smaller amounts, civil court for larger amounts). The lender presents the signed note as evidence of the debt and the borrower's failure to pay. If the borrower does not respond or cannot prove they paid, the court issues a default judgment or judgment after trial. The statute of limitations for suing on a promissory note varies by state.
What is the <strong>statute of limitations</strong> on a promissory note?
The statute of limitations for enforcing a promissory note varies by state, ranging from 3 to 10 years. Under UCC Article 3, the statute of limitations begins to run when the note becomes due (either the maturity date or the date of demand). For installment notes, each missed payment may start a separate limitations period. Once the statute expires, the lender can no longer file a lawsuit to collect. Some states distinguish between written and oral agreements, with written instruments like promissory notes typically having a longer limitations period.
Should a promissory note be notarized?
Notarization is not legally required for a promissory note to be enforceable. The maker's signature alone creates a binding obligation. However, notarization provides several practical benefits: it verifies the maker's identity, deters claims of forged signatures, and may be required by some lenders or financial institutions as a condition of the loan. If the promissory note is accompanied by a security agreement involving real property, the security instrument must be notarized for recording purposes, even if the note itself does not require it.

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