Jump to Section

Quick Facts — Note Payable Lawyers

During the course of business, it's inevitable that you'll come across a note payable at some stage or another. When you do you must understand what it is, how it works, and what its requirements are.

To enable you to do this, this post will look at notes payable in more detail and show you what they are, what information they should contain, and how you should account for them.

What is a Note Payable?

A note payable, or promissory note , is a written agreement where a borrower obtains a specified amount of money from a lender and promises to pay it back over a specific period. In simple terms, a note payable is a loan between you and a lender. The lender can be an individual, a financial institution, or even a company.

In terms of the agreement, the interest rate may be fixed where you'll pay the same interest rate on the amount outstanding over the life of the loan. It could also be variable where the interest on the loan changes based on certain factors, such as a benchmark interest rate.

Typically, a note payable contains the following information:

  • The amount to be paid in terms of the note.
  • The interest rate applicable to the loan.
  • The maturity date.
  • Name of the maker or payer of the loan.
  • Name of the payee.
  • The signature of the person who issued the note with the date signed.

Understanding Note Payables

Examples of when you may need to use a note payable when:

  • You buy materials in bulk from a supplier or manufacturer.
  • You buy a building or equipment for your business.
  • You loan a substantial amount of money from a bank or other financial institution.

Keep in mind, though, that these are just examples of where notes payable may be used and there are many more, depending on the type of business you have.

Also, notes payable can be classified as short-term or long-term liabilities. As such, when the note payable is due within 12 months from the date of signature, it's classified as a short-term liability. Furthermore, it is classified as a current liability on the company’s financial statements because it is paid within the company’s operating period. In contrast, if it's payable at a later date, it's classified as a long-term liability. Long-term liability is generally used to determine a company’s solvency.

Irrespective of whether it's a long-term or short-term liability, at any time when a note payable is issued, your bookkeeper or accountant should classify it as notes payable. In contrast, if you are owed an amount in terms of a promissory note, your account should classify it as a note receivable.

Here is an article about note payables in more detail.

Meet some lawyers on our platform

Lori B.

326 projects on CC
CC verified
View Profile

Faryal A.

490 projects on CC
CC verified
View Profile

Jeff G.

27 projects on CC
CC verified
View Profile

Garrett M.

21 projects on CC
CC verified
View Profile

Example of a Note Payable

With that in mind, let's look at an example of a note payable. Let's say Steve borrows $60,000 from Bob on 1 February 2021. Steve signs the note payable and agrees to pay Bob $60,000 two years later, or by the latest 31 January 2023. In addition, Steve also agrees to pay all Bob a 20% interest rate per year, payable every two months.

In Steve's balance sheet the note payable will be classified under long-term liabilities because the amount is due after 12 months. Remember, if the amount was due within 12 months, it would be a short-term liability and would be classified under current liabilities in the balance sheet.

In Steve's journal, the amount he receives in terms of the note payable, $60,000, will be debited to his cash account and will be credited to the notes payable account.

In addition, the interest on the note payable will need to be recorded every time interest is paid. To do this, Steve will set up an interest payable account under his current liabilities because the interest is paid short-term.

Here, Steve will credit the interest payable account with the amount of interest due, which, in this case, amounts to $2,000. He will also debit the interest expense account with the same amount.

When the interest is paid, Steve will debit the interest payable account and credit his cash account with $2,000. Keep in mind that every time interest is paid in terms of the note payable, Steve will need to make this entry.

Key Terms in a Note Payable

For a note payable to be a valid and enforceable legal agreement, it must include the following key terms:

  • The loan amount.
  • The repayment dates.
  • The interest rate.
  • Default terms.
  • The names of both the lender and the borrower.
  • The mailing address where each payment is mailed to.

Besides these terms, the lender may also require certain restrictive terms as part of the agreement. These can include, for instance, terms that prevent the paying of dividends to investors while any part of the loan is still outstanding.

Often, if these terms are breached, the lender then has a right to call up the loan, although it is possible for the lender to waive these breaches and continue to accept monthly or periodic payments from the borrower. Also, a note payable may require collateral as security for the loan.

It's also important to keep in mind that, for a note payable to be valid and enforceable, the borrower should print, sign, and date the note payable.

ContractsCounsel Note Payable Image

Image via Pexels by Andrea

Notes Payable vs. Accounts Payable

Although accounts payable and notes payable are both liabilities and represent amounts payable to businesses or financial institutions, there are some significant differences between the two.

Accounts payable are always short-term liabilities because they are due and payable within one year. These accounts payable involve credit received from businesses and vendors which require no written agreements and usually, no interest is charged on them. Accounts payable are typically day-to-day business expenses that businesses incur including supplies, utilities, goods, or professional services.

As said above, notes payable are written agreements that involve interest and can be classified as long-term or short-term liabilities.

Get Help With A Note Payable

Because notes payable often involve substantial amounts of money with interest, they must contain accurate and relevant information.

Fortunately, many financial services lawyers can help you when it comes to notes payable and give you the advice you need. If you need any more information on notes payable or advice regarding them, feel free to visit our website where you’ll find many other resources.

See Real Note Payable Projects

Pennsylvania Real Estate Project Drafting
  • Pennsylvania
  • 3 lawyer bids
  • $700 - $5,000
View Details
Idaho Business Payment Agreement - 24 Hour Completion Time Drafting
  • Idaho
  • 2 lawyer bids
  • $225 - $475
View Details
Georgia Personal guarantee for a credit account Review
  • Georgia
  • 2 lawyer bids
  • $350 - $550
View Details
Texas Installment payment plan contract Drafting
  • Texas
  • 3 lawyer bids
  • $495 - $1,500
View Details
Arizona Loan in default Drafting
  • Arizona
  • 1 lawyer bid
  • $250 flat fee
View Details
California Rent Payment Draft Project Drafting
  • California
  • 6 lawyer bids
  • $300 - $950
View Details

See all Note Payable projects


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Note Payable?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 23,326 reviews

Meet some of our Note Payable Lawyers

Tim E. on ContractsCounsel
View Tim
4.8 (65)
Member Since:
August 12, 2020

Tim E.

Founding Member/Attorney
Free Consultation
Cleveland, OH
12 Yrs Experience
Licensed in OH
Cleveland State University College of Law

I am a business attorney focused on providing practical, targeted legal services for small businesses, startups, contractors, consultants, and service providers. I help clients efficiently review, draft, and improve everyday business contracts, including service agreements, NDAs, independent contractor agreements, vendor contracts, commercial leases, and purchase documents. My approach is straightforward: identify the terms that matter, explain risks in plain English, and deliver clear, usable edits or drafts without unnecessary complexity. I regularly handle fixed-fee, quick-turnaround projects such as contract reviews, agreement drafting, and demand or termination letters. While I offer streamlined, project-based services for routine matters, I can also assist with broader business legal needs as they arise.

Recent  ContractsCounsel Client  Review:
5.0

"I had a great experience. Tim has fast and responsive. Look forward to doing more work with him."

Moss S. on ContractsCounsel
View Moss
5.0 (3)
Member Since:
November 17, 2021

Moss S.

Attorney
Free Consultation
Boca Raton, FL
38 Yrs Experience
Licensed in FL, MA, RI
Suffolk Law School

Over 30 years of experience practicing commercial real estate and complex business litigation law.

Recent  ContractsCounsel Client  Review:
5.0

"Moss S was responsive and attentive to my needs and completed the task ahead of time and within budget"

Alton H. on ContractsCounsel
View Alton
5.0 (45)
Member Since:
January 12, 2026

Alton H.

Attorney
Free Consultation
Washington, DC
12 Yrs Experience
Licensed in DC, NJ, NY, VA
The George Washington University Law School

I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.

Recent  ContractsCounsel Client  Review:
5.0

"It was great working with Alton; quick response and great results."

Alexander N. on ContractsCounsel
View Alexander
5.0 (79)
Member Since:
June 17, 2024

Alexander N.

Founder
Free Consultation
Los Angeles, California
10 Yrs Experience
Licensed in CA
University of Southern California Gould School of Law

Having overseen over $1.2 billion in transaction value, we are able to provide top-tier service at affordable rates, with much more personalized attention and fast turnarounds. After working for a AM Law Top 100 firm, I started my own firm and have been lucky enough to represent numerous conglomerates (FOX, Endeavor, etc.), promising startups, small businesses and private individuals. Our areas of expertise - Business Formations and Operating Agreements; Capital Raises and Debt Financing; Commercial Transactions; M&A; Real Estate; Intellectual Property; Employment and Hiring; Outside General Counsel; Corporate Agreements and Governance; Litigation and Dispute Resolution. We have been featured in The Wall Street Journal, Marketwatch, Yahoo Finance, Variety, Business Insider, Los Angeles Magazine, the LA Times, and others. We are driven by an unwavering commitment to our clients, going above and beyond to deliver results.

Recent  ContractsCounsel Client  Review:
5.0

"Great time, very responsive and receptive to revisions and clarifications to documents"

Anand A. on ContractsCounsel
View Anand
5.0 (39)
Member Since:
July 17, 2022

Anand A.

Counsel
Free Consultation
Philadelphia, PA
12 Yrs Experience
Licensed in NJ, PA
Rutgers University School of Law

Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.

Recent  ContractsCounsel Client  Review:
5.0

"Anand was a pleasure to work with! He was very thorough and professional."

Elexius E. on ContractsCounsel
View Elexius
4.9 (8)
Member Since:
November 20, 2023

Elexius E.

Legal Specialist
Free Consultation
Marietta, GA
10 Yrs Experience
Licensed in GA
Georgia State University College of Law

My name is Elexius. I’ve been practicing since 2016. I began my career doing defense work for insurance companies. I handled worker’s compensation cases, insurance subrogation claims and a number of related employment issues including wage and hour disputes, resignation, termination and release of claims. I also handled employee contract matters and revised contracts as needed for my clients. In my current role I draft contracts and related agreements, including cease and desist, letters of understanding, and various notices. I also handle contractual interference issues.

Recent  ContractsCounsel Client  Review:
5.0

"Great work! Elexius identified areas in the document that I hadn’t noticed and highlighted the risks involved if I proceed with executing the property management contract — it was absolutely worth the cost."

Jarrid C. on ContractsCounsel
View Jarrid
Member Since:
September 25, 2023

Jarrid C.

Managing Partner
Free Consultation
Mobile, AL
11 Yrs Experience
Licensed in AL
Birmingham School of Law

I’m the Managing Attorney at The Coaxum Firm LLC, a small firm located in Alabama that handles Family Law, Criminal Defense, and Personal Injury cases. My law partner is my older brother, Louis Coaxum, and we’ve been practicing together as a firm for over 8 years.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Note Payable Projects

Installment payment plan contract

5.0

"Michael provided what we needed in a timely manner. He addressed questions in a timely way during the process."

Texas
Drafting
Note Payable
ContractsCounsel User

Promise Financial repayment

5.0

"Allen was insight on my particular situation and very helpful and informative throughout the whole process. I would work with Allen in the future for any future projects."

Reply From Allen L.

View More
Minnesota
Drafting
Note Payable
ContractsCounsel User

Real Estate Project

5.0

"I had a great experience. Tim has fast and responsive. Look forward to doing more work with him."

Pennsylvania
Drafting
Note Payable
ContractsCounsel User

Rent Payment Draft Project

4.7

"Michael has been very responsive and quick to act on this project. Remaining edits I can make on my own, but other than that, phenomenal service and quality from Michael!"

California
Premium
Drafting
Note Payable
ContractsCounsel User

Business Payment Agreement - 24 Hour Completion Time

5.0

"Amazing work and fast service!"

Idaho
Drafting
Note Payable
ContractsCounsel User

Loans

Note Payable

New York

Asked on Dec 14, 2024

Can a note payable be transferred to another party without the lender's consent?

I recently entered into a loan agreement with a lender, where I borrowed a significant amount of money and agreed to repay it over a specified period of time. However, due to unforeseen circumstances, I am now unable to continue making the payments on the note payable. I have found another individual who is willing to take over the repayment of the loan, but I am unsure if I can transfer the note payable to this person without obtaining the lender's consent. I would like to know if it is legally permissible to transfer a note payable to another party without the lender's consent, and if not, what options are available to me in this situation?

Damien B.

Answered Dec 14, 2024

Hello! Most loan agreements contain clauses that prohibit the assignment or transfer of the borrower's obligations without the lender's written consent. This is because the lender approved the loan based on your financial status and creditworthiness, and transferring the loan would introduce a new party with potentially different credit risks. If the agreement does not allow for an assignment and If the lender does not consent to a transfer, one possibility is that you could enter into a private agreement with the individual where they make the payments on your behalf. However, you would remain liable to the lender if they default. If you have a follow-up question or would like a consultation or further legal services, you can let me know. There should be a button on your page or app that allows you to request a proposal from me specifically for the legal service you request. Best regards, Attorney Damien B.

Read 1 attorney answer>

Contracts

Note Payable

Virginia

Asked on Sep 15, 2021

I loaned money to a 5013c organization, I want a lawyer to look over the contract, worried about them defaulting on it

I am worried about a 5013c organization defaulting on a promissary note, they do not seem to have their act together, want to have a lawyer look over the promissary note and get advice on what happens if they default on it

Donya G.

Answered Oct 5, 2021

Sure. I take it they have not yet signed as yet? You can draft the agreement with some protections to ensure payment; however, you need to keep in mind that payment will always be contingent on whether they have money to pay or not. I am a contracts attorney and if you you would like my services, you can contact me on the contracts counsel website, or post your job on the website and attorneys will respond to your job. All the best Donya Gordon

Read 1 attorney answer>

Debt Collection

Note Payable

New York

Asked on Oct 5, 2021

I need to sue on an unpaid promissory note

The note was written back in March 2019 I hired an attorney and he has done nothing for me! I made tons of requests to try to settle out of court with this man and he just keeps blowing me off

Jane C.

Answered Oct 12, 2021

An attorney needs to review what has been done so far on the case and move forward from there.

Read 2 attorney answers>
See more legal questions…

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Note Payable?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 23,326 reviews
Business lawyers by top cities
See All Business Lawyers
Note Payable lawyers by city
See All Note Payable Lawyers

ContractsCounsel User

Recent Project:
Real Estate Project
Location: Pennsylvania
Turnaround: A week
Service: Drafting
Doc Type: Note Payable
Number of Bids: 3
Bid Range: $700 - $5,000
User Feedback:
I had a great experience. Tim has fast and responsive. Look forward to doing more work with him.

ContractsCounsel User

Recent Project:
Business Payment Agreement - 24 Hour Completion Time
Location: Idaho
Turnaround: Less than a week
Service: Drafting
Doc Type: Note Payable
Number of Bids: 2
Bid Range: $225 - $475
User Feedback:
Amazing work and fast service!

Need help with a Note Payable?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 23,326 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city