New York · Individuals & Personal

New York Promissory Note

New York voids a usurious loan outright. A personal loan above 16 percent a year is void, which means the lender can lose the principal as well as the interest. A note that is clean on its face also gets a fast track in court, because New York lets a lender move for summary judgment in place of filing a complaint.

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What New York law does to this document

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

Civil usury ceiling of 16 percent

The maximum rate of interest on a loan is 16 percent per year. A note that reserves more than that is void, and a court will declare it void and bar collection. The borrower owes neither the interest nor the principal.

N.Y. Gen. Oblig. Law §§ 5-501, 5-511; N.Y. Banking Law § 14-a

Criminal usury above 25 percent

Knowingly charging or taking interest on a loan at a rate above 25 percent per year is criminal usury in the second degree, a class E felony, unless a statute authorizes the rate. The rate is measured per year or at the equivalent rate for a longer or shorter period.

N.Y. Penal Law § 190.40

Large loans and business borrowers

The 16 percent ceiling does not apply to a loan of $250,000 or more, unless it is secured primarily by a one or two family residence. Loans of $2,500,000 or more are also outside the criminal usury statutes. A corporation or limited liability company generally may not raise civil usury as a defense, though it may raise criminal usury.

N.Y. Gen. Oblig. Law §§ 5-501(6), 5-521; N.Y. Ltd. Liab. Co. Law § 1104

Compound interest on smaller loans

A New York statute makes a loan agreement providing for compound interest enforceable. That statute does not apply when the original principal is $250,000 or less, or when the loan is secured primarily by a one or two family owner-occupied residence. Most personal notes are below that line, so simple interest is the safer choice.

N.Y. Gen. Oblig. Law § 5-527

Six years to sue, or three for a consumer loan

The general period for an action on a contract, a note included, is six years. An action arising out of a consumer credit transaction in which the borrower is the defendant must be brought within three years, and the statute defines that as credit extended to an individual primarily for personal, family or household purposes. Its text is not limited to commercial lenders. For a demand instrument, the claim accrues on its date or, if it is undated, on the date of issue.

N.Y. C.P.L.R. 213(2), 214-i, 105(f); N.Y. U.C.C. § 3-122(1)

A fast track to judgment

When an action is based on an instrument for the payment of money only, the lender may serve a motion for summary judgment with the summons in place of a complaint. After judgment, interest runs at nine percent per year, or two percent where the judgment arises from consumer debt and the defendant is a natural person.

N.Y. C.P.L.R. 3213, 5004

Where people go wrong in New York

  • Relying on the generator to police the rate: it accepts any interest rate, compounding choice and default rate that is entered and adds a usury savings clause, but it does not check the figures against New York's 16 percent ceiling, and a note under $250,000 that exceeds the ceiling is void under General Obligations Law § 5-511.
  • Treating a demand note as open-ended, when the limitations period can begin on the date of the note and may be three years, not six, for a loan made for personal, family or household purposes.
  • Taking a co-signer's promise orally, when General Obligations Law § 5-701(a)(2) requires a promise to answer for another person's debt to be in writing and signed.

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 New York 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 New York law.
What is the maximum interest rate on a personal loan in New York? +
Sixteen percent per year for a loan between individuals under $250,000, under General Obligations Law § 5-501 and Banking Law § 14-a. Charging more than 25 percent is a felony under Penal Law § 190.40. A loan that exceeds the civil ceiling is void.
What happens if a New York promissory note charges too much interest? +
General Obligations Law § 5-511 makes a usurious note void. The court declares it void and enjoins collection, so the lender forfeits principal and interest. Loans of $250,000 or more are outside the civil ceiling, and corporate and LLC borrowers generally cannot raise the civil usury defense.
How long does a lender have to collect on a promissory note in New York? +
Six years under CPLR 213(2) for an action on a contractual obligation. CPLR 214-i shortens that to three years for an action arising out of a consumer credit transaction, meaning credit extended to an individual primarily for personal, family or household purposes, and says a later payment or acknowledgment does not revive the claim once the period has run. For a note payable on demand, U.C.C. § 3-122 starts the period on the date of the instrument.
Can an attorney finish my New York Promissory Note? +
Book a planning call. Hart David Carson LLP is an Illinois firm. For a document governed by New York law, the firm coordinates review with counsel admitted in New York. Any fee and scope are confirmed after a conflicts check, before work begins.

Sources checked November 2026 · General information about New York 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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