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There is no legal requirement that a promissory note be witnessed in order to be legally enforceable. In most cases, a written agreement is usually a written confirmation of a verbal agreement. Even without a witness to the promissory there, there many ways to prove the validity of the note such as handwriting analysis and evidence of the payment of the borrowed money such as a cancelled check.
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∙ 18y ago
Wiki User
∙ 11y agoYes, if it is properly worded by the lender and signed by the borrower.
It is legally binding if it contains all the required information and is signed by the borrower. A promissory note must state the principal amount of the debt, the interest rate (if any), how the debt is to be repaid, the date on which it is due (or in the case of a demand note, it must state that it is due on demand by the lender), and any other terms the parties have agreed to.
MegaDox.com is a good source for promissory note templates that are easy to use and understand.
Wiki User
∙ 14y agoThe holding will vary from state to state. A notarized note is more easily enforceable, but notarization is not required. To be enforced it requires some essential elements:
- The amount of the loan
- The date by which it is to be paid back
- The interest rate (required by the IRS in the US)
- A record of any collateral that is securing the loan
Wiki User
∙ 14y agoA promissory note is binding on the signer whether notarized or not. Notarization might offer some additional evidence should the signing of the note ever be denied in court. The note need not even be signed by both the creditor and debtor; the debtor's signature is sufficient to hold him liable under the note.
Wiki User
∙ 9y agoYes, promissory notes are legally binding without a witness in Arizona. If the person signed the note, they are liable for the terms of the note.
Wiki User
∙ 14y agoyes, even an oral contract is legally binding, so be careful what you say or sign.
Wiki User
∙ 14y agoGenerally, if a promissory note is not signed, it is not enforceable. The statute of frauds may also make the promissory note unenforceable.
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Can a promissory note be legally binding if not notarized?
Any promissory note or other contract is binding in most states whether it is notarized or not. One party can dispute a signature, but that is a matter of law.
How do you write legally binding promissory note?
The easiest way to write a legally binding promissory note yourself is to use a pre-formated promissory note form from a credible legal forms database. All you have to do is fill in the form with the appropriate information. Each state has certain requirements, therefore each form is specifically made for each state.
Is an IOU the same as a promissory note?
Yes, and if properly executed and witnessed it could be considered a legally binding contract.
How do you issue a promissory note?
A promissory note is a fancy legal name for a legally phrased I.O.U.
When should one get a promissory note?
A promissory note is to provide and record details of a loan. One should receive one if a personal loan, business loan or real estate transaction has taken place. A promissory note is legally binding and can be used in a court of law if the borrower does not pay. It is a more complicated version of an IOU.
Is a promissory note binding if there is no consideration in return?
In order to have a promissory note there must be consideration. If a bank gives you a mortgage, then the home is consideration for your payments.
What do you do if you sold a vehicle to someone with a promissory note stating they will make payments and signed the title over if they do pay?
If they signed the promissory note, then it is legal, and binding.
What is a sentence for promissory note?
I needed to sign a promissory note for my student loan money.The bank is legally owed money when you sign a promissory note.The promissory note was only one page long but used complicated language.
If false identification is involved is the promissory note legally binding?
if it was signed before witnesses who signed the document and before a notary of the public then they can be material witnesses in a court case for reimbursment
Are promissory notes legally binding in an estate?
Yes, they are legal documents. They can be used to establish debts and assets.
If you sign a promissory note to avoid legal action and you don't repay it in full what legal action can be taken against you and is there a statute of limitations?
The holder of the promissory note can file a lawsuit against the signer/borrower in the debtor's state court of jurisdiction to recover monies owed. A promissory note is considered a written legally binding document and therefore is subject to the applicable SOL of the debtor's state of residency.
Can a promissory noted be enforced after the debt was acquired?
If you mean that a note to pay back the debt was signed by the debtor upon the debt being acquired, then yes. Any note that the person signs saying he or she will pay back a debt is a legally binding agreement.
