Blog
Guides, tips, and state-specific information about promissory notes and lending transactions.
Paying with a promissory note: using a note to buy something
When a buyer pays with a note instead of cash, the seller becomes a lender. Here's how to secure the note, why negotiability matters, and how payments are taxed.
When a balloon payment comes due and the borrower cannot pay
A missed balloon payment is a real default on the maturity date. Here are the lender's four options and what each one does to interest, timing, and paperwork.
Arbitration and jury-waiver clauses in a promissory note
Should your promissory note say where and how a dispute gets decided? Here's how arbitration, jury waivers, and forum clauses work, when courts enforce them, and sample language that holds up.
What happens if you miss a payment on a promissory note
A missed payment on a promissory note starts a process, and at almost every step you still have options. Here is what happens next, from the borrower's side of the table.
Can you sue on a promissory note in small claims court?
Small claims court can turn an unpaid promissory note into a judgment for under $100 in filing fees. Here's how the dollar limits, evidence, and interest math work.
Two lenders on one note: how co-lenders share the loan
Two people fund one loan and sign one note. It works until the borrower misses a payment and the lenders disagree about what to do next. A page of terms prevents most of that.
Oral modifications: why a side agreement may not stick
You tell the borrower to skip a month. Nobody writes it down. Whether that conversation binds either of you depends on a handful of rules worth knowing before the phone call.
Who services a promissory note: escrow, third-party servicers, and doing it yourself
Somebody has to collect the payments, split principal from interest, and keep the ledger straight. Here are the three ways private notes get serviced and what each one costs.
Co-makers and joint borrowers: When two people sign one note
Sign a note as a co-maker and you owe the whole balance, not half. Here's how joint and several liability, contribution, and co-signers really differ.
Using a promissory note for unpaid rent or a back-rent payment plan
When a tenant falls behind, a signed note turns the arrears into a fixed debt with a schedule. Here is what it must say, how it affects a pending eviction, and whether a notary is required.
Promissory note terms explained: principal, maturity, bearer, and more
A glossary for first-time lenders and borrowers, grouped by the job each word performs: the parties, the money, the timing, the security, and what happens if a payment does not arrive.
Promissory notes between an employer and an employee
Payroll advances, relocation packages, tuition reimbursement, and sign-on bonus clawbacks all work better as written notes. Here is how to structure one and stay inside the wage deduction rules.
What is promissory estoppel, and when does a promise become enforceable?
Promissory estoppel lets a court enforce a promise even when no contract exists. Here is what the doctrine requires, why judges apply it narrowly, and how long you have to bring the claim.
How to write off a promissory note that will never be repaid
A promissory note that goes bad can become a nonbusiness bad debt deduction, but only if the loan was real, the debt is totally worthless, and you can prove both. Here's what the IRS wants to see.
Electronic promissory notes: eNotes, transferable records, and how a digital note is held
A true eNote is more than a signed PDF. Here is how transferable records, control of the authoritative copy, and eVaults let a note move in digital form.
References on a promissory note: who a lender can ask and why
A reference is not a witness and not a co-signer. Here is what lenders use references for, why people at your address are usually excluded, and what a lender may do with that phone number.
Lending money to your own LLC: how to document a member loan
Putting your own cash into your LLC is easy. Getting it back, and keeping the IRS from calling it equity, takes a promissory note and a few habits. Here is how to paper a member loan the right way.
Using a promissory note to buy out a sibling's share of inherited property
One heir keeps the house and signs a note for the others' shares. How to set the price, secure the note against the property, and satisfy the IRS on interest.
Convertible promissory notes: How startup convertible notes actually work
A convertible note is a startup loan built to become equity, not to be repaid. Here's how caps, discounts, maturity dates, and conversion actually work.
Which state's law governs your promissory note?
When the lender and borrower live in different states, one sentence decides the usury ceiling and the limitations clock. Here is how governing-law clauses work and when a court ignores them.
How to collect on a promissory note when the borrower dies
The borrower's death does not erase the debt. Here is how a lender confirms the death, files a creditor's claim in probate, meets the strict deadlines, and handles collateral, insolvency, and co-signers.
What happens to a promissory note when the lender dies?
The loan does not disappear when the lender passes away. Here is who you pay next, what proof of authority to demand first, and how a forgiveness clause in the will actually works.
Wage garnishment and collecting a judgment on an unpaid note
You won the lawsuit on your note. Now comes the hard part. Here is how wage garnishment, bank levies, and liens turn a judgment into money.
Will a promissory note hold up in court? Proving and authenticating a note
A signed note does not enforce itself. Here is what it takes to win at trial: the original document, a proven signature, and answers to the defenses.
Personal guarantees: How a guarantor on a note differs from a co-signer
A guarantor backs someone else's debt and usually pays only after a default. Here is how a guaranty differs from co-signing, and what to read first.
Assigning a promissory note: How to transfer it to someone else
Transferring a note is about moving the right to collect. Here's how endorsement, written assignment, borrower notice, and the security interest fit together.
Is a promissory note legally binding in Virginia?
Virginia enforces a signed note with no notary and no filing. The two numbers that decide most disputes are the five-year deadline to sue and the 12 percent interest ceiling.
Simple vs Compound Interest on a Loan: Why the Difference Costs More Than You Think
Simple interest accrues on principal only. Compound interest earns interest on the interest. On a multi-year loan that gap turns into real money, and here's the math that proves it.
No State requires you to Notarize a Promissory Note. Here is the one time it really pays to
Notarization is optional in every single state. That does not mean it is pointless. There is one situation where the trip to a notary quietly saves you a fight later.
Using a Promissory Note in Owner Financing or a Land Contract
When a seller finances the buyer, a promissory note carries the promise and a mortgage secures it. A land contract works differently, holding title back until payoff. Here is how each protects you.