Promissory Note Generator: Build a Loan Note in Minutes
Use this free promissory note generator as a ready-to-sign promissory note template. Set up a promissory note with interest, an installment or balloon schedule, and choose a secured or unsecured note. The tool computes your payments and produces a printable PDF.
Parties to the Note
Loan Terms
Payment Summary
Monthly Payment
$304.22
Total of Payments
$10,951.90
Total Interest
$951.90
Figures are estimates for planning. Installment payments use standard amortization; the lump-sum estimate uses simple interest across the loan period. Confirm your state usury limit before setting the interest rate.
Late Fee & Default
Security & Governing Law
Want an attorney-drafted promissory note?
This generator produces a solid, general-purpose note. For a larger loan, a secured note, or a family loan you want to be certain is enforceable and usury-compliant in your state, have a licensed attorney draft or review it first. This tool provides general information only and is not legal advice.
What Is a Promissory Note? Key Terms Every Loan Note Needs
A promissory note is a written, signed, and unconditional promise by one party (the borrower, also called the maker) to pay a definite sum of money to another party (the lender, also called the payee) either on demand or at a specified time. It is the core document that turns an informal loan into a legally enforceable debt. Unlike a simple IOU, a proper promissory note spells out the principal, the interest rate, the repayment schedule, and what happens if the borrower fails to pay. When a note is payable to order or to bearer and meets the other requirements of UCC Section 3-104, it becomes a negotiable instrument that can be transferred or sold to a third party.
Every well-drafted note contains the same building blocks. The principal is the amount actually loaned. The interest rate is the annual cost of borrowing, capped by state usury law. The repayment terms describe how and when the borrower pays, whether as a lump sum, in fixed installments, or as interest-only payments with a final balloon. The maturity date is the deadline for full repayment. A late fee and default clause defines the consequences of missed payments, and an acceleration clause lets the lender demand the entire balance at once upon default. A governing-law clause fixes which state’s law controls, and a security clause identifies any collateral. If you need a more customized agreement, our attorney-drafted promissory note service can tailor each clause to your loan.
Promissory notes appear everywhere in daily finance: personal loans between friends, seller-financed home and car sales, small-business working-capital loans, student loans, and startup convertible notes. Because the same document can secure a $500 loan to a relative or a $500,000 commercial advance, getting the terms right matters. The generator above assembles a complete note from your inputs, and the sections below explain how to write one, how to set a lawful interest rate, and how to make sure the note holds up in court.
Key Statute: UCC Section 3-104 (Negotiable Instruments)
Under UCC Section 3-104, a promissory note qualifies as a negotiable instrument when it is an unconditional promise to pay a fixed amount of money, is payable to bearer or to order at the time it is issued, is payable on demand or at a definite time, and states no other undertaking by the maker beyond the payment of money (with narrow exceptions for collateral, prepayment, and acceleration terms). Negotiability matters because it lets the lender transfer or sell the note, and it can give a good-faith purchaser (a holder in due course) rights that are free of many of the borrower’s defenses. Even a non-negotiable note is still a valid, enforceable contract.
How to Write a Promissory Note That Holds Up
Learning how to write a promissory note is mostly a matter of covering each essential term clearly and in the borrower’s own words where possible. Start by naming the parties with their full legal names and mailing addresses, then state the exact principal amount both in words and in figures to avoid ambiguity (for example, Ten Thousand Dollars ($10,000.00)). Set the interest rate as an annual percentage and confirm it is below your state’s usury ceiling. Choose a repayment structure and describe it precisely: the number and amount of installments, the payment dates, and the maturity date on which any remaining balance is due.
Next, add the protective clauses that make the note enforceable and practical. A prepayment clause should say whether the borrower can pay early without penalty. A late payment clause sets a grace period and a late fee. A default and acceleration clause defines what counts as default and lets the lender call the full balance due. A collection-costs clause shifts attorney fees and court costs to a defaulting borrower where the law allows. A usury savings clause automatically caps the effective rate at the legal maximum so an accidental overcharge does not void the interest. Finally, choose the governing state and, if the loan is secured, describe the collateral in enough detail to identify it.
Close the note with a signature block. The borrower must sign and date it, and it is good practice for the lender to sign as well. Notarization is not required in most states but adds strong proof of signing. Keep the signed original in a safe place and give the borrower a copy. If your loan involves real estate, a business, or a large sum, consider pairing the note with a security agreement or having it drafted or reviewed by a licensed attorney so the collateral is properly perfected and the terms comply with your state’s lending rules.
Secured vs. Unsecured Promissory Note: Which to Use
The choice between a secured vs unsecured promissory note comes down to how much protection the lender needs. A secured promissory note is backed by collateral, an asset the borrower pledges that the lender can seize and sell if the borrower defaults. Common collateral includes vehicles, real estate, equipment, inventory, and business assets. To be enforceable against other creditors, the security interest usually must be perfected: personal-property collateral is typically perfected by filing a UCC-1 financing statement under Article 9 of the Uniform Commercial Code, while real estate is secured through a mortgage or deed of trust that is recorded in the county land records.
An unsecured promissory note has no collateral behind it. If the borrower stops paying, the lender’s only remedy is to sue on the note, win a judgment, and then try to collect through wage garnishment, bank levies, or property liens where state law permits. Because the lender takes on more risk, unsecured notes generally carry higher interest rates and are best reserved for smaller amounts or borrowers with strong credit and a track record of repayment. Secured notes reduce the lender’s risk and often justify a lower rate, but they require extra paperwork to create and perfect the security interest.
For most family and friend loans, an unsecured installment note is enough. For larger loans, seller-financed sales, or any situation where the borrower’s ability to repay is uncertain, a secured note is worth the additional effort. The generator above lets you toggle between secured and unsecured and, when secured, prompts you to describe the collateral so the security clause is complete.
Warning: Do Not Exceed Your State Usury Limit
Every state sets a maximum lawful interest rate through its usury laws, and charging more can void the interest, trigger penalties, or in some states expose the lender to criminal liability. The caps and their many exemptions vary widely from state to state, so verify your state’s current limit before you set a rate. Always include a usury savings clause (the generator adds one automatically) so that if the rate is ever found to exceed the legal maximum, it is reduced to the highest lawful rate rather than voiding the note. When in doubt, keep the rate conservative and confirm it with a licensed attorney in your state.
Setting Up a Promissory Note With Interest: Rates and Usury Limits
A promissory note with interest compensates the lender for the time value of money and the risk of non-payment. Interest is normally stated as an annual percentage rate and accrues on the unpaid principal balance. On an installment note, each payment is applied first to the interest that has accrued and then to reducing principal, which is why the early payments in a loan are mostly interest and the later payments are mostly principal. The generator above uses the standard amortization formula to calculate the exact monthly payment, the total of all payments, and the total interest over the life of the loan.
The ceiling on how much interest you can charge is set by your state’s usury law, and the limits differ dramatically. California’s constitutional usury limit is generally 10% per year for non-exempt lenders on personal, family, and household loans, though most licensed lenders are exempt. New York sets civil usury at 16% and treats anything above 25% as criminal usury. Florida caps most loans at 18% (with 25% as the criminal threshold), and Texas applies a general 10% ceiling absent a specifically authorized higher rate. Because exemptions for banks and licensed lenders are broad, and because the numbers change, always confirm the current cap for your loan type before setting a rate.
Two practical tips reduce your risk. First, always include a usury savings clause that reduces the rate to the highest lawful rate if the stated rate ever exceeds the limit. Second, if you also charge a default interest rate (a higher rate that applies after the borrower defaults), make sure the default rate is still within the usury ceiling, because default interest counts toward the cap in many states. For loans where the numbers are large or the rate is close to the limit, an attorney-drafted note is the safest route.
Types of Promissory Notes: Comparison Table
The right promissory note template depends on how the loan is repaid and whether it is backed by collateral. This table compares the most common note types and their typical uses.
| Note Type | How It Repays | Secured? | Common Use |
|---|---|---|---|
| Installment Note | Equal monthly payments (amortized) | Either | Personal loans, seller financing, family loans |
| Lump-Sum (Single-Payment) Note | One payment of principal + interest at maturity | Either | Short-term bridge loans, one-time advances |
| Interest-Only with Balloon | Monthly interest, principal balloon at maturity | Often secured | Real estate, business cash-flow gaps |
| Demand Note | Due whenever the lender demands payment | Usually unsecured | Flexible loans between people who trust each other |
| Secured Note | Any schedule, backed by collateral | Secured | Vehicle, equipment, or property-backed loans |
| Convertible Note | Converts to equity instead of cash repayment | Usually unsecured | Early-stage startup fundraising |
Installment Promissory Note vs. Lump-Sum and Balloon Notes
An installment promissory note spreads repayment across a series of equal periodic payments, almost always monthly. This is the most common and borrower-friendly structure because the payment amount is predictable and the balance steadily amortizes to zero by the maturity date. The monthly payment is calculated with the standard amortization formula, which balances principal and interest so that the loan is fully paid off in the chosen number of payments. Use the generator above to see the exact payment, the total interest, and the total of payments for any principal, rate, and term you enter.
A lump-sum (single-payment) note requires the borrower to repay the entire principal plus accrued interest in one payment on the maturity date. It is simple and works well for short-term loans where the borrower expects a specific future inflow, such as a tax refund, a bonus, or the sale of an asset. The risk is concentration: if the borrower cannot produce the full amount on the due date, the entire loan is in default at once.
An interest-only note with a balloon payment sits between the two. The borrower makes smaller monthly payments covering only the interest, which keeps early cash flow low, and then repays the full principal (the balloon) at maturity. This structure is common in real estate and business lending, but the large balloon at the end carries the same repayment risk as a lump-sum note. Whichever structure you choose, the note should state the schedule precisely so both sides know exactly what is owed and when. If the borrower later stops paying, review your options with our statute of limitations calculator to confirm the deadline to sue on the debt has not passed.
Pro Tip: Charge the AFR on a Family Loan
When you lend to a relative, the IRS can treat an interest-free or below-market loan as a gift and impute interest to you under IRC Section 7872. To avoid that, charge at least the Applicable Federal Rate (AFR), which the IRS publishes every month for short, mid, and long-term loans. Loans of $10,000 or less are generally exempt from the imputed-interest rules, so a small family loan can be interest-free without tax consequences. Documenting the loan with a signed note also proves it was a loan rather than a gift, which protects both the lender and the borrower.
Using a Promissory Note for a Family Loan
Lending money to family is one of the most common reasons people search for a promissory note for a family loan. Even though the parties trust each other, a written note is the single best way to keep the arrangement clear and to protect the relationship. The note records that the money is a loan rather than a gift, sets a repayment schedule everyone agreed to, and removes the guesswork that so often leads to resentment when memories differ months or years later.
There are tax reasons to put it in writing too. If you charge no interest or a rate below the IRS Applicable Federal Rate (AFR), the IRS can treat the foregone interest as a gift and, in some cases, impute income to you under IRC Section 7872. Charging at least the AFR avoids that result, and loans of $10,000 or less are generally exempt from the imputed-interest rules entirely. A signed note showing the principal, the rate, and the repayment terms is your evidence that the transfer was a genuine loan, which can matter for both income tax and gift tax purposes.
Family loans are usually unsecured and repaid in modest monthly installments, which the generator above handles well. Keep the terms realistic, deliver the funds in a traceable way (a check or transfer rather than cash), and keep a record of each payment. If the loan is large enough to matter, or if it is secured by property, consider having the note professionally drafted so the terms are airtight and the security interest is properly documented.
Is a Promissory Note Legally Binding and Enforceable?
Yes. A promissory note is legally binding as long as it has the elements of a valid contract: a clear promise to pay a definite sum, identifiable parties with the legal capacity to contract, consideration (the money the lender actually advanced), a lawful purpose, and the borrower’s signature. Most states do not require a note to be notarized or witnessed for it to be enforceable, although notarization strengthens proof that the borrower signed. Once those elements are present, the lender can enforce the note in court if the borrower defaults.
Enforceability is limited by the statute of limitations. Under UCC Section 3-118, an action to enforce a note payable at a definite time must generally be brought within six years after the due date or an accelerated due date. Notes that are not negotiable instruments are treated as ordinary written contracts, whose limitation periods vary from roughly three to ten years or more depending on the state. Certain borrower actions, such as making a partial payment or acknowledging the debt in writing, can restart the clock in many states, giving the lender a fresh window to sue.
A note can be challenged if it was signed under fraud, duress, or undue influence, if the borrower lacked capacity, if there was no real consideration, or if the interest rate violates the state’s usury law. To keep your note enforceable, use precise language, confirm a lawful interest rate, include the acceleration and governing-law clauses, and keep the signed original. If a borrower has stopped paying, a formal demand letter is often the fastest first step before filing suit.
The Essential Clauses in Every Promissory Note
Interest and Usury Savings Clause
States the annual interest rate and automatically caps it at the highest lawful rate so an accidental overcharge never voids the note. Confirm the rate is below your state usury limit.
Repayment and Maturity Clause
Defines the schedule (lump sum, installments, or interest-only with a balloon), the payment dates, and the maturity date when any remaining balance is due in full.
Late Fee and Default Clause
Sets a grace period, a late charge, and what counts as default. It may add a higher default interest rate that applies once the borrower falls behind.
Acceleration Clause
Lets the lender declare the entire unpaid balance immediately due upon default, rather than suing over one missed payment at a time. This is the lender’s most important remedy.
Security Clause (if secured)
Describes the collateral backing a secured note and grants the lender a security interest that can be perfected by a UCC-1 filing or a recorded lien.
Governing Law and Collection Costs
Names the state whose law controls the note and shifts reasonable attorney fees and court costs to a defaulting borrower where the law allows.
Frequently Asked Questions
Is a promissory note legally binding?
Yes. A promissory note is legally binding when it contains the essential elements of a contract: an unconditional written promise to pay a specific sum, identifiable parties, consideration (the money actually loaned), and the signature of the borrower (the maker). It does not usually need to be notarized or witnessed to be enforceable, although notarization strengthens proof of signing. Once signed, the lender can sue to collect on the note if the borrower defaults, subject to the statute of limitations. Under UCC Section 3-118, an action to enforce a note payable at a definite time must generally be brought within six years after the due date.
How do I write a promissory note?
To write a promissory note, identify the lender and borrower with full legal names and addresses, state the exact principal amount, and set out the interest rate and repayment schedule (lump sum, monthly installments, or interest-only with a balloon). Add a maturity date, a late fee and default clause, an acceleration clause, and a governing-law clause naming the state whose law applies. If the loan is secured, describe the collateral. Include a usury savings clause so the rate never exceeds the legal maximum, then have the borrower sign and date it. Our promissory note generator above builds each of these clauses for you and computes the payments automatically.
What is the difference between a secured and unsecured promissory note?
A secured promissory note is backed by collateral, such as a car, real estate, or equipment, that the lender can claim if the borrower defaults. The security interest is created in the note and may need to be perfected (for example, by filing a UCC-1 financing statement or recording a lien) to be enforceable against third parties. An unsecured promissory note has no collateral, so if the borrower defaults the lender must sue on the note and obtain a judgment to collect. Secured notes carry less risk for the lender and often support a lower interest rate, while unsecured notes rely entirely on the borrower’s promise and creditworthiness.
How much interest can I charge on a promissory note?
You can charge interest on a promissory note with interest up to the maximum rate allowed by your state’s usury law. Usury caps vary widely: California’s constitutional limit is generally 10% per year for non-exempt lenders on personal loans, New York sets civil usury at 16% and criminal usury at 25%, and Florida caps most loans at 18% (25% is criminal). Many licensed lenders are exempt from these caps. If a note charges more than the lawful maximum, a court can void the interest or, in some states, penalize the lender. Always confirm your state’s current usury limit before setting a rate, and include a usury savings clause.
What is an installment promissory note?
An installment promissory note is repaid in a series of scheduled payments, usually equal monthly amounts, rather than in a single lump sum. Each installment is applied first to accrued interest and then to principal, so the balance amortizes over the term. The generator above uses the standard amortization formula to compute the monthly payment, the total of all payments, and the total interest you will pay. Installment notes are common for personal loans, seller-financed sales, and family loans because they make repayment predictable and easier to budget than a single balloon payment.
Can I use a promissory note for a family loan?
Yes, and a written note is strongly recommended. A promissory note for a family loan documents that the money is a loan rather than a gift, which protects both sides and clarifies expectations. To keep the IRS from treating the loan as a gift with imputed interest, charge at least the Applicable Federal Rate (AFR) that the IRS publishes each month; loans of $10,000 or less are generally exempt from the imputed-interest rules under IRC Section 7872. Putting the terms in writing also preserves the lender’s right to collect and can prevent misunderstandings that damage family relationships.
Does a promissory note need to be notarized?
In most states a promissory note does not need to be notarized or witnessed to be legally binding; the borrower’s signature is what makes it enforceable. However, notarization provides strong evidence that the borrower actually signed, which can be valuable if the borrower later disputes the note. If the note is secured by real estate, the accompanying mortgage or deed of trust usually must be notarized and recorded even though the note itself may not need to be. When a significant sum is involved, notarizing the note is a low-cost way to reduce the risk of a signature dispute.
What happens if the borrower defaults on a promissory note?
If the borrower defaults, the acceleration clause lets the lender declare the entire unpaid balance immediately due, not just the missed payment. The lender can then demand payment, apply the default interest rate if the note provides one, and pursue collection. For a secured promissory note, the lender may repossess or foreclose on the collateral. For an unsecured note, the lender must file a lawsuit, obtain a judgment, and enforce it through wage garnishment or liens where permitted. Sending a formal demand before filing suit is often the fastest path to repayment, and a well-drafted note that awards collection costs and attorney fees improves the lender’s recovery.
More Tools for Your Loan or Contract
Want an Attorney-Drafted Promissory Note?
The generator above is a strong starting point. For a larger loan, a secured note, or a family loan you want to be certain is enforceable and usury-compliant in your state, have a licensed attorney draft or review your note.