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Promissory Note California: How to Write a Legal IOU

A promissory note is a written promise to repay a loan. In California, it's a binding contract. This page covers what you need to know to create a valid promissory note in California, including key legal points and practical steps.

Promissory Note requirements in California

  • Must be in writing and signed by the borrower.
  • Include the loan amount, interest rate (if any), repayment schedule, and due date.
  • For real estate loans, a witnessed signature is required (Civil Code § 1180).
  • Notarization is not required for most promissory notes, but it helps prove authenticity.
  • For loans over $100,000, consider consulting a lawyer to comply with usury laws (maximum interest rate).
  • Keep the original note and a copy for your records; file a UCC-1 if secured by personal property.

The process in California

  1. Start with a promissory note template tailored to California law.
  2. Fill in the parties' full names and addresses, and the loan principal amount.
  3. Specify the interest rate and ensure it complies with California's usury limit (typically 10% for personal loans).
  4. Outline repayment terms: installments or lump sum, and due dates.
  5. Add a late fee clause if desired, but keep it reasonable (typically 5% of the overdue payment).
  6. Both parties sign, and if possible, have a witness or notary sign to strengthen enforceability.

Get your free California promissory note template now and ensure your loan is protected.

Create your promissory note

Budgeting for a Promissory Note

Creating a promissory note yourself is free using templates. Notarization typically costs $10–$20 per signature in California. If you hire a lawyer to draft a custom note, expect to pay $200–$500 or more.

Before You Start: CA Promissory Note Checklist

Prepare these items to ensure your California promissory note is legally sound, enforceable, and meets state-specific requirements.

  • Confirm all parties' full legal names and contact info—avoid nicknames or initials.
  • Clarify the loan amount, interest rate (be aware of California usury limits), and repayment schedule (balloon, installment, due-on-demand).
  • Decide on collateral (if any) and include a clear description; otherwise, the note is unsecured.
  • Know that California does not generally require notarization for a valid promissory note, but notarizing the signature helps prove authenticity and may be required for recording a mortgage or deed of trust.
  • If the note is secured by real property, check with the county recorder's office for recording requirements and fees; if unsecured, you may still file a UCC-1 with the California Secretary of State to perfect a security interest in personal property.
  • Have two witnesses or a notary available if you want extra evidentiary weight, though not required by state law for most notes.
  • Be aware of California's statute of limitations for enforcing a written note (typically 4 years) and consider adding a choice-of-law clause.

FAQs

Is a promissory note in California required to be notarized?

No, notarization is not required for most promissory notes in California. However, for loans secured by real estate, a witness signature is required, and notarization can help prove the signature's validity.

What is the maximum interest rate for a promissory note in California?

For personal loans, the general usury limit is 10% per year. Exceptions exist for loans over $300,000 or certain institutional lenders. Consult a lawyer or check California Civil Code § 1916-1 for details.

Can I use a promissory note for a loan between family members?

Yes. A promissory note is a good idea for family loans to avoid disputes. It should clearly state the terms, including repayment schedule and interest, to avoid IRS imputed interest issues.

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