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Florida Promissory Note Guide

A promissory note is a written promise to repay a loan. In Florida, it's a legally binding contract. You can use it for personal loans, business loans, or any money you lend. This guide covers the basics, including Florida-specific rules for witnesses and notarization.

Promissory Note requirements in Florida

  • Must be in writing and signed by the borrower.
  • Must state the principal amount and interest rate.
  • Must include repayment terms: due date, payment schedule, or demand.
  • Must be signed by all borrowers (if more than one).
  • Witnesses are not required for a promissory note, but a notary is recommended for enforcement.
  • If the note is secured by real property, it must be notarized to record the mortgage.
  • Florida does not have a specific statute for promissory notes; general contract law applies.

The process in Florida

  1. Write the date and identify the lender and borrower.
  2. State the loan amount in numbers and words.
  3. Set the interest rate and whether it's simple or compound.
  4. Define repayment: lump sum, installments, or on demand.
  5. Include late fees and default consequences.
  6. Sign the note in front of a notary public (recommended).
  7. Keep a copy for both parties.

Download a free Florida promissory note template and get your loan agreement ready in minutes.

Create your promissory note

Budgeting for a Promissory Note

Filing a Florida promissory note in court costs between $300 and $400, plus service fees. Notary fees are typically $5 to $10 per signature. There is no state filing fee for the note itself unless you record it with the county to secure collateral.

Before You Begin: Florida Promissory Note Checklist

A valid promissory note is essential for any personal loan in Florida. This checklist covers key steps and documents to have ready before you draft or sign.

  • Confirm the parties: full legal names and addresses of both lender and borrower.
  • Have the loan amount, interest rate (check current Florida usury limits), and repayment schedule clearly agreed upon.
  • Decide whether the note will be secured or unsecured; if secured, gather collateral details.
  • Know Florida's notary rules: while not required, notarization is strongly recommended for enforceability and to prevent fraud.
  • Check if you need to file the note with the clerk of court in the county where the borrower resides (typically only for secured notes or judgments).
  • Have identification and any supporting documents ready, such as the loan agreement or payment receipts.

FAQs

Do I need a witness for a promissory note in Florida?

No, Florida law does not require witnesses to sign a promissory note. However, to protect against fraud and make enforcement easier, a notary is strongly recommended.

What is the difference between a promissory note and an IOU?

An IOU just acknowledges a debt, but a promissory note includes repayment terms and is a legal contract. Use a promissory note for any loan in Florida.

How do I make my Florida promissory note enforceable?

Ensure it's written, signed, and clearly states the terms. Notarizing it and having a witness can help in court. Also, keep proof of the loan transfer.

Can I use a promissory note template in Florida?

Yes, you can use a Florida-specific promissory note template. Just make sure it includes all required elements and complies with Florida contract law.

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