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North Dakota Unsecured Promissory Note

Create North Dakota Unsecured Promissory Note - $7.99

Not a blank template - your details are filled in, formatted to North Dakota law, and ready to sign.

Create a legally conforming Unsecured Promissory Note for North Dakota that incorporates all required terms under North Dakota promissory note law. Fill in your loan details and download your completed, ready-to-sign Unsecured Promissory Note as a professional PDF.

North Dakota law governs promissory notes with specific usury limits and enforcement rules that defends both note holder and borrower. The usury limit in North Dakota is 5.5% above the average rate on six-month US Treasury bills (6% legal rate absent a written agreement).. Lenders have 6 years to file suit to collect on a promissory note in North Dakota. North Dakota law requires 3 specific elements in a valid promissory note.

North Dakota Promissory Note Requirements

Max Interest Rate 12%
Rate Details 5.5% above the average rate on six-month US Treasury bills (6% legal rate absent a written agreement).
Usury Penalty All interest forfeited plus 25% of principal
Statute of Limitations 6 years
Notarization Recommended
Witnesses Recommended (1)
Governing Agency North Dakota District Courts
Required Elements Written agreement signed by borrower; Clear repayment terms; Interest rate disclosure

North Dakota Unsecured Promissory Note Signing Checklist

Print this or save it as a PDF and use it at the signing. Review every item before any party puts pen to paper.

Before you sign

  • Both the lender and borrower read the full note before signing.
  • Confirm the principal amount, interest rate, and repayment terms match what was agreed.
  • Confirm any late fee amount and grace period are correct.
  • The lender keeps the original signed note in a safe place.
  • Each party keeps a signed copy for their own records.

North Dakota rules to know

  • Keep the interest rate at or below North Dakota's usury cap of 12% per year (5.5% above the average rate on six-month US Treasury bills (6% legal rate absent a written agreement).).
  • Notarization is not required in North Dakota but is strongly recommended. A notarized note is self-authenticating in court and harder to dispute.
  • 1 witness is recommended in North Dakota even though not legally required.
  • In North Dakota, the lender has 6 years from the date of default to file suit to collect on the note.

In the note itself

  • Borrower's full legal name and current address.
  • Lender's full legal name and current address.
  • Principal loan amount written out in both numbers and words.
  • Annual interest rate (expressed as a percentage).
  • Maturity date (the date by which the full balance must be repaid).
  • Late fee amount and grace period, if any.
  • Signatures of both parties (and witnesses if required).
  • A clear statement that no collateral secures this note and the lender relies solely on the borrower's promise to repay.

This checklist is a reference aid only. Consult an attorney for advice specific to your situation. Usury and enforcement rules for North Dakota may change; verify current rates before signing.

What to Include in a North Dakota Unsecured Promissory Note

Every Unsecured Promissory Note in North Dakota should include the following vital provisions: the full legal names and addresses of both the creditor and borrowing party, the principal loan amount, the interest rate (which must not exceed 5.5% above the average rate on six-month US Treasury bills (6% legal rate absent a written agreement). under North Dakota law), the repayment schedule and due dates, any late payment penalties, the consequences of default, and the governing law clause.

North Dakota requires the following elements in a valid promissory note: written agreement signed by borrower, clear repayment terms, interest rate disclosure.

How to Complete a North Dakota Unsecured Promissory Note

To complete a Unsecured Promissory Note in North Dakota, start by gathering the necessary information: the full legal names and addresses of both parties, the loan amount, the agreed-upon interest rate (must be at or below 5.5% above the average rate on six-month US Treasury bills (6% legal rate absent a written agreement). in North Dakota), the repayment terms, and any collateral details if applicable.

Our platform walks you through each section with a guided form tailored to North Dakota requirements. Once you have filled in all details, you can preview the document, choose from five professional document styles, and download your completed Unsecured Promissory Note as a PDF.

Frequently Asked Questions

What is the maximum interest rate for a promissory note in North Dakota?
North Dakota caps interest at 5.5% above the average rate on six-month US Treasury bills (6% legal rate absent a written agreement).. Charging above the legal limit is usury - in North Dakota, the penalty is: all interest forfeited plus 25% of principal. Always confirm the current rate with an attorney, as usury laws can change.
Do I need a notary for a promissory note in North Dakota?
Notarization is not required in North Dakota for a promissory note to be legally valid. Notarizing it anyway is strongly recommended - it deters forgery claims, simplifies court enforcement, and makes the note self-authenticating as evidence. Having 1 witness is also recommended.
What happens if a borrower defaults on a promissory note in North Dakota?
Upon default, the lender may demand immediate repayment of the full outstanding balance, charge any default interest rate specified in the note, and file suit in North Dakota court. Lenders have 6 years from the date of default to file a lawsuit under North Dakota's statute of limitations for written contracts.
Is an unsecured promissory note enforceable in North Dakota?
Yes. An unsecured promissory note is a legally enforceable contract in North Dakota even without collateral. If the borrower defaults, the lender can sue in North Dakota court and obtain a judgment, which can be used to garnish wages or bank accounts. Lenders have 6 years to file suit.
Is a promissory note the same as an IOU?
No. An IOU is an informal acknowledgment of a debt - it typically lacks repayment terms, interest rates, and default provisions. A promissory note is a formal legal contract with specific terms including the loan amount, interest rate, repayment schedule, and consequences of default. Promissory notes are far more enforceable in court than informal IOUs.
Is a promissory note legally binding in North Dakota?
Yes. A properly executed promissory note is an enforceable contract in North Dakota. It must identify both parties, state the loan amount and repayment terms, and be signed by the borrower. Lenders have 6 years to pursue legal action to collect on a defaulted note.

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