California · Individuals & Personal

California Promissory Note

California's usury limit is in the state constitution. A private lender may not charge more than 10 percent a year on a loan for personal, family or household use, and fees count toward that limit. A note that goes over forfeits its interest and exposes the lender to treble damages.

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What California law does to this document

The rules that change how a Promissory Note should be written and signed in California, with the source for each.

The 10 percent ceiling

Parties may agree in writing to interest of up to 10 percent a year on a loan used primarily for personal, family or household purposes. A loan used primarily to buy, build or improve real property is not treated as a personal loan for this rule. If the note states no rate, the rate is 7 percent a year.

Cal. Const., art. XV, § 1

Loans for other purposes

For any other loan, the ceiling is the higher of 10 percent a year or 5 percent plus the Federal Reserve Bank of San Francisco's rate on advances to member banks. The Federal Reserve rate is measured on the 25th day of the month before the loan is contracted for or made, whichever is earlier.

Cal. Const., art. XV, § 1(2)

Fees count as interest

A lender may not receive more than the permitted interest by charging a fee, bonus, commission, discount or other compensation. An origination or processing charge on a private loan is therefore added to the stated rate when the loan is tested against the ceiling.

Cal. Const., art. XV, § 1

Who is exempt

The limits do not apply to banks, credit unions and licensed pawnbrokers, among other listed lenders. They also do not apply to a loan made or arranged by a licensed California real estate broker and secured by a lien on real property. An individual lending to a friend or relative is not on the list.

Cal. Const., art. XV, § 1; Cal. Civ. Code § 1916.1

Penalties and compound interest

Under the 1918 Usury Law, a lender who charges more than the lawful rate forfeits the right to collect any interest. A borrower who has paid usurious interest may recover three times the amount paid if suit is brought within one year of payment. Interest may not be compounded unless an agreement to that effect is clearly expressed in writing and signed by the party to be charged. The generator's note states the compounding method in the signed text when compound interest is chosen.

Cal. Civ. Code §§ 1916-2, 1916-3, as described in Wishnev v. Northwestern Mutual Life Ins. Co. (2019) 8 Cal.5th 199

Time to sue and attorney's fees

An action on a written contract must be brought within four years. For a note that is a negotiable instrument payable at a definite time, the Commercial Code allows six years after the due date. If the note awards attorney's fees to one side, California makes the clause reciprocal, so the prevailing party recovers fees whichever party the note names.

Cal. Code Civ. Proc. § 337(a); Cal. Com. Code § 3118(a); Cal. Civ. Code § 1717(a)

Where people go wrong in California

  • Entering a rate above 10 percent on a personal loan between individuals, because the generator does not check the rate against California's ceiling and a note over the ceiling forfeits all interest under the Usury Law.
  • Adding an origination fee or similar charge that pushes the total return above the constitutional ceiling.
  • Relying on the jury trial waiver in the generator's note, when Code of Civil Procedure section 631 lists the only ways a civil jury may be waived in a California court and a clause in a pre-dispute contract is not among them.

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A clear, enforceable IOU between two people, with optional interest, a repayment schedule, and current security and default terms. Answer a short interview and the draft assembles as you go, with California already set as the governing state. Download it as PDF or Word. No fee. No account.

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Frequently asked

About the Promissory Note under California law.
What is the maximum interest rate on a personal loan between individuals in California? +
Ten percent a year for a loan used primarily for personal, family or household purposes, under article XV, section 1 of the California Constitution. Fees and other charges count toward that limit. Licensed lenders such as banks and credit unions are exempt.
What happens if a promissory note charges too much interest in California? +
The lender loses the right to collect any interest on the loan. A borrower who already paid usurious interest may recover three times the amount paid if the action is brought within one year of payment. The principal remains owed.
How long does a lender have to sue on a promissory note in California? +
Four years for an action on a written contract under Code of Civil Procedure section 337. If the note qualifies as a negotiable instrument payable at a definite time, Commercial Code section 3118 allows six years after the due date.
Can an attorney finish my California Promissory Note? +
Book a planning call. Hart David Carson LLP is an Illinois firm. For a document governed by California law, the firm coordinates review with counsel admitted in California. Any fee and scope are confirmed after a conflicts check, before work begins.

Sources checked November 2026 · General information about California law, not legal advice · Laws change and city or county rules can differ · Every generated draft is a draft · Attorney advertising

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