A promissory note is a legal contract between two or more parties that is used as legal evidence of a debt; it is a promise by the borrower to pay the note holder a sum of money on a specified date. Normally, borrowers are given a copy of the original promissory note for their records. If you would like the original promissory note back you must put your request in writing. The note holder does not have to return the original copy to you since it is the note holder's proof that a debt is owed to him; however, the law mandates that the note holder make the original copy available for your inspection.
Type a letter to the note holder requesting the original promissory note be made available for inspection; this letter is sometimes referred to as an affidavit demand for legal evidence. Check your local library for legal contract books; many of them contain templates for various types of legal letters. Also check online legal sites such as Rocket Lawyer; they provide hundreds of templates for legal letters. Read and compare the wording on several letters before determining which template is best for you to use; the letters are indexed according to subject matter.
Have the letter notarized. A notary is a sworn public officer under the law who will attest that you signed the letter in the notary's presence. Notaries charge a fee ranging between $5 and $15 for their services.
Fax and email the letter. Both ways provide immediate confirmation that the letter was sent and received. The business or note holder may refuse to provide an email address or fax number, so check your paperwork for this information; most business websites also have this information.
Mail the letter using certified mail. You receive a receipt that displays the date of mailing, you can verify the delivery online, and the recipient's signature is recorded and maintained by the U.S. Postal Service. For an extra fee you can request a return receipt, which the recipient signs upon delivery of the letter.
- Your name must be listed on the original promissory note or your request will be ignored.
- Write a letter that demonstrates good communication skills and sign the letter. Avoid using legal terms that you do not understand. Don't use emotional wording in business letters.
- Consult an attorney. Ask in advance if there is a consultation fee. A competent attorney will let you know if you are taking the correct steps to request your original promissory note and if you have a viable case.
- "Law Dictionary, Third Edition"; Steven H. Gifis; 1991
- "The Complete Book of Business and Legal Forms"; Lynne Anne Frasier; 1996
- stock report image by pearlguy from Fotolia.com