Illinois · Individuals & Personal

Illinois Promissory Note

For a loan between individuals, the Illinois Interest Act caps the rate a written contract can set at 9% a year unless an exemption applies. A lender who knowingly charges more can be made to give back twice the interest, and knowingly charging an individual more than 20% a year is criminal usury. A note that says nothing about interest earns 5% a year once the money is due.

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What Illinois law does to this document

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

The 9% ceiling and the 5% default

Parties to a written contract may agree on an annual percentage rate of 9% or less. The maximum is fixed by the law in force when the contract is made. Where the parties have not agreed on a rate, a creditor is allowed 5% a year on money after it becomes due on a promissory note or other written instrument.

815 ILCS 205/2 and 205/4(1)

Loans exempt from the ceiling

The Interest Act allows any rate on certain transactions. They include a loan made to a corporation, a business loan to a business association or to a person who owns and operates a business as a sole proprietor, and a loan secured by a mortgage on real estate. The Act defines a business as a commercial, agricultural or industrial enterprise carried on for investment or profit, so a typical personal loan between two people stays under the 9% ceiling.

815 ILCS 205/4(1)(a), (c) and (l)

The penalty for charging too much

If a lender knowingly contracts for or receives unlawful interest, the borrower may recover twice the total of all interest and charges set by the loan contract or actually paid, whichever is greater, plus attorney's fees and court costs. The borrower can raise this as a defense at any time, or sue within 2 years after the last scheduled payment date or the date the loan is paid in full, whichever is earlier. A bona fide error that the lender corrects within a reasonable time is not a violation.

815 ILCS 205/6

Criminal usury above 20%

A person commits criminal usury by knowingly contracting for or receiving interest from an individual at a rate greater than 20% a year. The offense is a Class 4 felony. It does not apply to loans the Interest Act permits or to licensed lenders making loans their licenses authorize.

720 ILCS 5/17-59

Ten years to sue on the note

An action on a promissory note must be commenced within 10 years after the cause of action accrues. For a note payable at a definite date, that is the due date or the date the note is accelerated. For a demand note, suit must be filed within 10 years after demand, and the claim is barred if no principal or interest has been paid for 10 continuous years and no demand has been made. The section was last amended effective August 21, 2026.

735 ILCS 5/13-206

Federal: interest-free and low-interest loans

This point is federal tax law. A loan that charges less than the applicable federal rate can be treated as a below-market loan with imputed interest. Gift loans between individuals are excepted on any day the total outstanding between them is $10,000 or less, unless the loan is tied to buying income-producing assets. The IRS has set the annual gift tax exclusion for 2026 at $19,000.

26 U.S.C. 7872(c)(2) and (e); IRS, Frequently Asked Questions on Gift Taxes

Where people go wrong in Illinois

  • Entering a rate above 9% on a personal loan because the borrower agreed to it, when the generator accepts any interest rate and default rate and the Illinois ceiling applies to written contracts unless a statutory exemption fits.
  • Taking a car as collateral without delivering the title and a title application naming the lender as lienholder to the Secretary of State, which is how a security interest in a titled vehicle is perfected under 625 ILCS 5/3-202.
  • Relying on a co-signer's spoken promise, when a promise to answer for another person's debt must be in writing and signed by the person to be charged under 740 ILCS 80/1.

How the generator works

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 Illinois 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 Illinois law.
What is the maximum interest rate on a personal loan between individuals in Illinois? +
In a written contract, 9% a year (815 ILCS 205/4). Higher rates are lawful only for transactions the Interest Act exempts, such as loans to corporations, business loans and loans secured by a real estate mortgage. A person who engages in the business of making loans at more than 9% needs a license under the Consumer Installment Loan Act (205 ILCS 670/1).
How long does a lender have to sue on a promissory note in Illinois? +
Ten years after the cause of action accrues (735 ILCS 5/13-206). For a note with a fixed due date the period runs from the due date or from acceleration. If a payment or new promise to pay has been made in writing, suit may be filed within 10 years after that payment or promise.
Can I lend money to a family member interest-free in Illinois? +
Illinois law sets a ceiling on agreed interest, not a minimum, since the Interest Act permits 9% or any lesser rate (815 ILCS 205/4). The issue is federal tax. Under 26 U.S.C. 7872 a gift loan between individuals is excepted from the below-market loan rules while the total outstanding is $10,000 or less, and larger interest-free loans can produce imputed interest.
Can an attorney finish my Illinois Promissory Note? +
Yes. Book a planning call. An Illinois attorney at Hart David Carson LLP can review the draft against Illinois law and tailor it to your facts. Any fee and scope are confirmed after a conflicts check, before work begins.

Sources checked November 2026 · General information about Illinois 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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