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A written, signed, unconditional promise to pay a certain amount of money on demand at a specified time.The individual who promises to pay is the maker, and the person to whom payment is promised is called the payee or holder. If signed by the maker, a promissory note is a negotiable instrument.
However, in California, the lender is not required to produce a Promissory Note to conduct a non-judicial foreclosure (also known as a Trustee's Sale).The Promissory Note is the debt instrument, just like an IOU. The person holding the original is the one the borrower has to pay.
Promissory Notes In addition to the amount and the signature, any interest charged for the amount may also be stipulated in the note, as well as the name of the payee. If a promissory note has a date on it and the date has passed, that note can also be considered to be payable on demand.
Use a letterhead. Outline the facts/story leading up to the demand letter in a chronological manner. State the legal basis for your claim. State how you will pursue legal action if your demand is not met, and include a timeline within which the demand is to be met.
The date of the letter. The names of the borrower and lender. The original amount of the loan. The date of the promissory note and any reference number or account number it contains. The payment schedule that was agreed upon.
Full names of parties (borrower and lender) Repayment amount (principal and interest) Payment plan. Consequences of non-payment (default and collection) Notarization (if necessary) Other common details.
Demand promissory notes are notes that do not carry a specific maturity date, but are due on demand of the lender. Usually the lender will only give the borrower a few days' notice before the payment is due. Promissory notes may be used in combination with security agreements.
Amount of the debt. Date the debt was due. Date of the Letter of Demand. Description of the debt (such as what the money is owed for), and.
Type your letter. Concisely review the main facts. Be polite. Write with your goal in mind. Ask for exactly what you want. Set a deadline. End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.