Credit Card Promissory Note for the United States

Credit Card Promissory Note Template for United States

A Credit Card Promissory Note is a legally binding document used in the United States that converts credit card debt into a formal promise to pay. It transforms revolving credit card debt into a fixed payment obligation with specific terms, interest rates, and payment schedules. The document is governed by federal regulations including the Truth in Lending Act and state-specific usury laws, providing both parties with clear terms for repayment and consequences of default.

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What is a Credit Card Promissory Note?

A Credit Card Promissory Note is utilized when parties wish to convert revolving credit card debt into a structured repayment arrangement. This document is particularly relevant in debt consolidation, settlement negotiations, or when establishing formal payment plans. It includes specific details about the principal amount, interest rate, payment schedule, and default provisions, all while complying with U.S. federal and state regulations. The note provides security for the creditor while potentially offering the debtor more favorable terms than the original credit card agreement.

What sections should be included in a Credit Card Promissory Note?

1. Promise to Pay: Clear statement of debt acknowledgment and promise to repay the credit card debt

2. Principal Amount: Specific amount of credit card debt being converted to promissory note, including account details

3. Interest Rate: Clearly stated interest rate, calculation method, and APR in compliance with TILA requirements

4. Payment Terms: Schedule, amount, and method of payments, including due dates and acceptable payment methods

5. Default Provisions: Consequences of missing payments or other defaults, including late fees and collection procedures

6. Governing Law: Statement that the note is governed by US federal law and applicable state laws

What sections are optional to include in a Credit Card Promissory Note?

1. Collateral: Description of any security provided for the note, used when the promissory note is secured by assets

2. Acceleration Clause: Provision allowing lender to demand full payment upon default or specific triggering events

3. Prepayment Terms: Conditions and terms for early repayment of the note, including any prepayment penalties if applicable

4. Attorney Fees: Provision for recovery of attorney fees in case of default or collection proceedings

What schedules should be included in a Credit Card Promissory Note?

1. Payment Schedule: Detailed breakdown of payment dates and amounts over the term of the note

2. Interest Calculation Schedule: Method and examples of interest calculations as required by TILA

3. Credit Card Statement: Copy of final credit card statement showing debt amount being converted to note

4. Truth in Lending Disclosure: Required federal disclosures including APR, finance charges, and total payments

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Promissory Note

Sector

Banking

Cost

Free to use
Industries

Truth in Lending Act (TILA): Federal law requiring clear disclosure of lending terms and standardized calculations of credit costs

Credit CARD Act of 2009: Federal legislation providing consumer protections for credit card holders, including restrictions on fees and rate increases

Fair Credit Reporting Act (FCRA): Federal law governing the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, or age

Federal Trade Commission Act: Federal law prohibiting unfair or deceptive practices in commerce, including credit practices

Regulation Z: Federal Reserve Board regulation implementing TILA, providing specific rules for credit disclosures

State Usury Laws: State-specific laws that set maximum interest rates and regulate other credit terms

State Consumer Protection Laws: State-specific regulations protecting consumers in credit transactions

State Contract Laws: State-specific laws governing the formation and enforcement of contracts

State Disclosure Requirements: State-specific rules about what information must be disclosed in credit agreements

UCC Article 3: Uniform Commercial Code article governing negotiable instruments, including promissory notes

UCC Article 9: Uniform Commercial Code article governing secured transactions and security interests in personal property

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