Types (2)
Secured Promissory Note – A debt repayment agreement between two (2) parties where the borrower pledges personal assets as collateral.
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Unsecured Promissory Note – Two (2) parties may use this document to agree to repayment terms on a loan that is not secured by collateral.
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Laws
- Interest & Usury Laws: Chapter 56, Article 8
- Usury Rate in General (§ 56-8-3): 15%, in absence of written contract.
- Usury Rate for Loans to Corporations/Business Entities (§ 56-8-9(B)): No maximum except for loans made for mortgages relating to farms or agriculture (§ 56-8-10).
- Usury Rate for Judgments (§ 56-8-4): 8.75%, with the following exceptions*:
- Judgment rendered on written instrument with different rate
- Judgment due to tortious conduct, bad faith, intentional/willful acts (15%)
- Judgment wherein the plaintiff unreasonably delayed the trial’s adjudication (10%)
- Judgment after defendant made reasonable settlement offer to the plaintiff (10%)
- Usury Rate for Open Accounts (§ 56-8-5): 15%, unless higher rate is set by agreement.
*In all unpaid child support cases, the max rate is set at 8.75%.