Home Q&A Forum Key terms in promissory notes?

Loans

Promissory Note

Connecticut

Asked on May 21, 2023

Key terms in promissory notes?

I am a small business owner who recently loaned money to a business associate. The loan was made via a Promissory Note, which I drafted myself. I am now looking to learn more about the key terms and conditions of the note, in order to ensure the safety of my investment. I am hoping to gain a better understanding of the legal implications of the document, and how to protect my interests.

Answers from 1 Lawyer

Answer

Loans

Connecticut

Answered 1029 days ago

Thomas L.

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March 21, 2023

1. How much is owed. 2. Interest rate. 3. Repayment schedule. 4. Specific defaults (something specific to the borrower) 5. General defaults - failure to pay, bankruptcy.

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A promissory note is based on when the loan is made, not necessarily when the note is signed. So if the siblings actually loaned the money, regardless of when the note is signed, then a backdated note is ok. Review by an attorney is advised.

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Contact the lender and request a resolution of your loan, that is, some terminating reduction. The lender is under no duty to assist you, and can sue you for the unpaid balance, get a judgment and then seize your property (bank accounts, cars, etc) to get the note repaid.

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I have a issue with a borrower that has broke a promissory note. What can I do to recover my money legally?

I agreed to loan someone money and made a promissory note saying he will agree to pay the money in montly installments and interest if late plus legal fees if moneybis not paid. Its been close to a year have received not one penny. I'am looking for legal advice as I never been this far with this, as most people have always paid me back.

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Yes you can. Did you sign a promissory note? What does it say about disputes over payment? How much money is owed? If you need additional information you can contact me on the website for assistance. Thanks Donya Gordon

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Does your promissory note talk about what happens if he doesn't pay? Does the law of NY apply to your agreement? If so, you can sue in NY court. In order to get a firm answer on what to do, I would need to review the promissory note and see what it says. You can connect with me and engage my services through Contracts Counsel. Donya Gordon

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View Michael M.
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Typically, if the business fails, the note can then not be converted or repaid. Unless you have personally guaranteed the obligation which would be unusual, the recourse would be against the entity itself.

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