Georgia State Form

Georgia Promissory Note

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Georgia Legal Requirements

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

Requirements

  • Georgia usury: 7% for simple contracts (O.C.G.A. § 7-4-2); 16% for written notes
  • Commercial loans between businesses: generally not subject to usury limits above 16%
  • Statute of limitations: 6 years for written contracts (O.C.G.A. § 9-3-24)
  • Licensed lenders subject to Georgia Industrial Loan Act
  • Real estate secured notes: security deed must be recorded

Restrictions & Limits

  • Interest above 16% on written consumer notes may be usurious
  • Payday loans: Georgia banned most payday lending — Industrial Loan Act restrictions
  • Security deed (not mortgage) is Georgia's primary instrument for real estate-secured notes

Official Statute References

Primary Georgia statutes governing this document type.

Georgia Promissory Note FAQ

Common questions about promissory notes under Georgia law.

What is Georgia's usury limit for promissory notes?

Georgia allows up to 7% interest when no rate is specified; for written agreements, 16% is the general limit for consumer transactions. Commercial loans between businesses typically face fewer restrictions. Licensed banks and finance companies are generally exempt.

Why does Georgia use a security deed instead of a mortgage?

Georgia uses a security deed (deed to secure debt) rather than a traditional mortgage. The lender actually takes legal title to the property as security. This makes foreclosure faster in Georgia — non-judicial foreclosure can proceed without court involvement.

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

O.C.G.A. § 9-3-24 provides 6 years to bring an action on a written contract (including promissory notes). The clock starts running from the date of breach or default.

Can I include a confession of judgment in a Georgia promissory note?

Cognovit notes (confession of judgment) are generally not valid in Georgia for consumer debts. For commercial debts, they are theoretically valid but rarely used because Georgia courts scrutinize them carefully and they face constitutional due process challenges.

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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.