Alabama State Form

Alabama Promissory Note

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Alabama Legal Requirements

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

Requirements

  • Governed by the Alabama Uniform Commercial Code (UCC) Article 3 (§7-3-101 et seq.)
  • Must contain: unconditional promise to pay, fixed amount of money, payable to identified person or bearer, signed by maker
  • Interest rate should be clearly stated — Alabama's legal rate of interest is 6% per annum absent a written agreement
  • Maximum contractual interest rate: 8% per annum under Alabama's usury law (§8-8-1) for non-commercial loans; higher rates permitted for commercial transactions
  • Alabama allows parties to waive presentment and notice of dishonor in the note

Restrictions & Limits

  • Usury: consumer loans above the legal maximum rate are unenforceable as to the excess interest
  • Statute of limitations: 6 years from the date the cause of action accrues (§6-2-34)
  • A note secured by real estate must comply with Alabama mortgage recording requirements

Official Statute References

Primary Alabama statutes governing this document type.

Alabama Promissory Note FAQ

Common questions about promissory notes under Alabama law.

What is the maximum interest rate on a promissory note in Alabama?

For consumer loans, Alabama's general usury ceiling is 8% per annum. However, parties to commercial transactions may contract for higher rates without violating usury law. Federally chartered banks are also not bound by state usury limits.

How long do I have to collect on a promissory note in Alabama?

The statute of limitations for written contracts, including promissory notes, is 6 years from the date of default under §6-2-34. After 6 years, the debt is time-barred and cannot be enforced through the courts.

Does a promissory note need to be notarized in Alabama?

Notarization is not required for a promissory note to be legally valid and enforceable. However, notarization or witness signatures add evidentiary weight and are recommended for large amounts. Notes secured by real property require notarization for recording purposes.

Can I use a promissory note for a business loan in Alabama?

Yes. Alabama promissory notes are widely used for business financing. Commercial notes are not subject to the consumer usury cap and can specify higher interest rates, compound interest, late fees, and attorney's fees clauses — all of which are enforceable if clearly stated.

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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.