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Forgiving a promissory note is as straightforward as destroying the document or returning it to the debtor. In court, a promissory note is a legal document that proves a debt, and without that document, there is generally no proof of the agreement.

A promissory note is a contract, a binding agreement that someone will pay your business a sum of money. However under some circumstances if the note has been altered, it wasn't correctly written, or if you don't have the right to claim the debt then, the contract becomes null and void.

Circumstances for Release of a Promissory Note The debt owed on a promissory note either can be paid off, or the noteholder can forgive the debt even if it has not been fully paid. In either case, a release of promissory note needs to be signed by the noteholder.

Promissory notes are legally binding whether the note is secured by collateral or based only on the promise of repayment. If you lend money to someone who defaults on a promissory note and does not repay, you can legally possess any property that individual promised as collateral.

Give the borrower the original promissory note, with a notation on it that says CANCELLED or PAID IN FULL. Keep a copy of this note for your records.

Circumstances for Release of a Promissory Note The debt owed on a promissory note either can be paid off, or the noteholder can forgive the debt even if it has not been fully paid.The value of the amount of debt forgiven may be deemed either taxable income, or a gift subject to the federal estate and gift tax.

Collateralized promissory notes are secured by a piece of property or other tangible asset that can be repossessed if the borrower defaults on the terms of the promissory note.The non-collateral promissory note is an unsecured loan that does not use any property or assets to secure the repayment of the note.