New Hampshire Promissory Note
New Hampshire promissory note template: no cap on a written interest rate and a 6-year note SOL under state law. Free template. Attorney review available.
Introduction
New Hampshire gives a promissory note its own, longer clock. Most personal-action lawsuits in the state face a 3-year deadline under RSA 508:4, but a written note is a negotiable instrument, and RSA 382-A:3-118 gives the payee 6 years from the note's due date, or from an accelerated due date, to sue and collect, twice the general contract window. A promissory note itself is a written, signed promise by one party, the maker, to pay a definite sum of money to another party, the payee, on demand or by a set date; the template below turns New Hampshire's rate and deadline rules into an actual fillable note. New Hampshire's interest-rate rule works the same way: RSA 336:1 sets 10% per year only as the default that fills the gap when the maker and payee never put a rate in writing. Once this Note states a rate in writing, that rate controls, and the statute sets no ceiling on it, unless the loan counts as a regulated consumer credit transaction or the lender is a licensed small-loan lender under separate NH law. A New Hampshire note does not need to be notarized or witnessed to be enforceable. New Hampshire's negotiable-instruments statute permits a confession-of-judgment clause without disqualifying the note, but no statute spells out how a court would actually enter judgment on one without a lawsuit, so this template leaves it out.
Key Things to Know
- 1
A promissory note is a written, signed promise by one party (the maker) to pay a definite sum of money to another party (the payee), either on demand or by a set date.
- 2
RSA 336:1 sets New Hampshire's interest rate at 10% per year only as a default, filling the gap when the maker and payee have not agreed on a rate in writing. Once this Note states a rate in writing, that rate controls, and the statute sets no ceiling on it for an ordinary private loan. Consumer credit transactions, where the lender is a "creditor" who regularly extends credit, are excluded from this default-rate rule entirely and instead fall under RSA 358-K's separate interest-computation rules.
- 3
A New Hampshire promissory note does not need to be notarized or witnessed to be enforceable. RSA 382-A:3-104 lists what makes a note a valid negotiable instrument (an unconditional promise, a fixed amount, a signature, payable on demand or by a definite date), and notarization isn't one of the requirements.
- 4
RSA 382-A:3-104 permits a confession-of-judgment clause (a clause letting the payee get a court judgment without filing a lawsuit) as a term that does not disqualify a note from being negotiable. New Hampshire statutes do not specify a procedure for a court to enter judgment on that clause without a filed lawsuit, so this template leaves the clause out.
- 5
You generally have 6 years from a note's stated due date, or from an accelerated due date, to sue to collect on a New Hampshire promissory note, under the note-specific limitations rule in RSA 382-A:3-118. That's twice New Hampshire's general 3-year deadline for personal actions on a contract under RSA 508:4, which applies only if the instrument somehow isn't a negotiable note.
- 6
If a New Hampshire promissory note is secured by personal property rather than real property, the lender generally needs to file a UCC-1 financing statement with the New Hampshire Secretary of State to protect its priority against other creditors. (RSA 382-A:9-310)
- 7
Promissory notes are commonly used in New Hampshire for family loans and business loans. A one-off private lender who does not regularly extend credit falls outside both the small-loan-lender licensing rule (RSA 399-A, which applies only to a person "engaged in the business of" small-dollar lending on loans of $10,000 or less at 10% APR or more) and RSA 358-K's consumer-credit-transaction rules.
Key decisions before you file
Before you file a Promissory Note in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Promissory Note guide walks through them.
Open the Promissory Note guideCustomize your Promissory Note Template with DocDraft
New Hampshire Requirements for Promissory Note
To be a valid negotiable instrument, a note must be an unconditional promise to pay a fixed amount, signed by the maker, and payable on demand or at a definite time.
10% per annum applies only as the default rate when the maker and payee have not agreed on a rate in writing. Once a rate is stated in writing, that rate controls, and the statute sets no ceiling on it for an ordinary private loan; consumer credit transactions and licensed small-loan lending follow separate rules.
RSA 336:1's default interest rate does not apply to a consumer credit transaction, defined as a loan or sale where the lender is a "creditor" who regularly extends credit. A one-off private loan from a lender who does not regularly extend credit falls outside this carve-out and remains governed by RSA 336:1.
Generally 6 years from the note's stated due date, or from an accelerated due date, to sue to collect on a negotiable promissory note. This note-specific UCC limitations period is longer than New Hampshire's general 3-year period for personal actions on a contract (RSA 508:4).
Licensing under the small-loan-lender statute applies only to a person engaged in the business of making loans of $10,000 or less carrying an APR of 10% or more. An isolated private person-to-person promissory note does not trigger this licensing requirement.
If a note is secured by personal property, the lender generally must file a UCC-1 financing statement with the New Hampshire Secretary of State to perfect and prioritize its security interest against other creditors.
A confession-of-judgment authorization is permitted as a term that does not disqualify a note from being a negotiable instrument, but no New Hampshire statute confirms how a court would enter judgment on such a clause without a filed lawsuit.
New Hampshire does not require a promissory note to be notarized or witnessed to be enforceable. RSA 382-A:3-104's list of what makes a note a valid negotiable instrument does not include notarization or witnessing; notarization is optional and used only for evidentiary purposes.
Frequently Asked Questions
There is no statutory ceiling on the rate stated in a written promissory note. RSA 336:1 sets 10% per year only as the default rate that fills the gap when the maker and payee have not agreed on a rate in writing; once a rate is written into the note, that rate controls. A loan that counts as a regulated consumer credit transaction, or one made by a licensed small-loan lender, follows separate rate rules under RSA 358-K and RSA 399-A instead.
No. RSA 382-A:3-104 lists what makes a note a valid, enforceable negotiable instrument, and notarization isn't one of the requirements. Notarizing a note is optional and can help as evidence of who signed it, but it doesn't affect enforceability.
Include the principal amount, an interest rate stated in writing, the repayment schedule, what counts as default, and the signatures of the maker and payee. New Hampshire law permits a confession-of-judgment clause without disqualifying the note as negotiable, but no statute confirms how a court would enter judgment on one without a lawsuit, so it's typically left out.
Yes, as long as it meets the basic requirements of a valid contract and, if it's meant to be a negotiable instrument, the elements in RSA 382-A:3-104: an unconditional promise to pay a fixed amount, a signature, and payment on demand or by a definite date. It doesn't need to be notarized to be enforceable.
An unsecured note relies only on the maker's promise to pay. A secured note is backed by collateral, and if it's secured by personal property rather than real estate, the lender generally needs to file a UCC-1 financing statement with the New Hampshire Secretary of State to protect its priority against other creditors.
The payee can declare the remaining balance immediately due, if the note includes an acceleration clause, and can sue to collect. New Hampshire's negotiable-instruments statute allows a confession-of-judgment clause without disqualifying the note, but since no statute spells out how a court enters judgment on one without a filed action, most notes rely on a regular lawsuit to enforce a default.
Generally 6 years from the note's stated due date, or from an accelerated due date, under the note-specific limitations rule for negotiable instruments (RSA 382-A:3-118). That's longer than New Hampshire's general 3-year deadline for personal actions on a contract (RSA 508:4), which applies only when the instrument isn't a negotiable note. Waiting too long can mean losing the right to sue.
Yes. Promissory notes are commonly used for both family loans and business or LLC loans in New Hampshire. A one-off private lender who doesn't regularly extend credit falls outside the small-loan-lender licensing rule (RSA 399-A) and RSA 358-K's consumer-credit-transaction rules, both of which apply only to a lender regularly engaged in that business.