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New York Promissory Note

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New York Legal Requirements

Key NY statutes and obligations that apply to your promissory note.

Requirements

  • New York usury limit: 16% per year for civil usury; 25% for criminal usury (GOL § 5-501)
  • Corporate loans: exempt from usury — no limit between businesses
  • Statute of limitations: 6 years for written contracts (CPLR § 213)
  • Confessions of judgment: restricted for out-of-state debtors (CPLR § 3218)
  • Required: clear identification of parties, amount, interest rate, repayment terms

Restrictions & Limits

  • Rates above 16% are civilly usurious — contract may be voidable
  • Rates above 25% are criminally usurious — contract is void
  • Consumer credit: additional Truth in Lending Act (TILA) disclosure requirements

Official Statute References

Primary New York statutes governing this document type.

New York Promissory Note FAQ

Common questions about promissory notes under New York law.

What is New York's usury limit for promissory notes?

New York General Obligations Law § 5-501 sets civil usury at 16% per year and criminal usury at 25% per year for consumer loans. Corporate loans between businesses are exempt from usury limits. Violating the criminal usury limit voids the entire loan agreement.

How long do I have to sue on a New York promissory note?

New York CPLR § 213 provides a 6-year statute of limitations for written contracts, including promissory notes. The clock starts running from the date of default or the date payment was due.

What is a confession of judgment in New York?

A confession of judgment (cognovit note) allows a creditor to enter judgment without a lawsuit if the debtor defaults. New York restricts confessions of judgment against out-of-state debtors (CPLR § 3218). They remain valid for in-state debtors but are controversial.

Does a New York promissory note need to be notarized?

No. A promissory note does not require notarization to be enforceable in New York. However, if the note is secured by real estate (mortgage), the mortgage must be acknowledged before a notary and recorded with the county clerk.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.