Montana Unsecured Promissory Note Overview
An unsecured promissory note in Montana is a loan agreement where the borrower promises to repay without pledging any collateral. The lender relies on the borrower's creditworthiness and the legally enforceable promise to pay. The maximum interest rate in Montana is 15%.
15% per annum maximum or 6% above NY prime rate, whichever is greater. Unsecured notes carry more risk for the lender, so interest rates are typically higher than secured notes. However, the rate must still comply with Montana's usury laws.
If the borrower defaults, the lender's primary remedy is filing a lawsuit within Montana's statute of limitations (5 years (oral and written)). The small claims court limit in Montana is $7,000, which is ideal for smaller unsecured loans.
15%
Usury rate cap
5 years
Statute of limitations
$7,000
Small claims limit
25%
Max garnishment
Montana Legal Requirements
Montana has specific requirements for unsecured promissory notes:
Important: Montana Usury Laws
Montana's maximum interest rate is 15%. 15% per annum maximum or 6% above NY prime rate, whichever is greater. Exceeding this limit may void the interest or result in penalties.
- Written Agreement: Must be in writing, signed by borrower, clearly stating loan terms
- Compliant Interest Rate: Must not exceed Montana's 15% usury cap
- No Collateral Statement: Explicitly state that the note is unsecured with no collateral pledged
- Default Provisions: Events of default, cure period, acceleration clause, and collection remedies
- Personal Guarantee: Recommended for business borrowers to protect the lender
- Governing Law: Specify Montana law as the governing jurisdiction
Collection Remedies in Montana
If a borrower defaults on an unsecured promissory note in Montana, the lender has several collection options:
Send a Formal Demand Letter
Written notice demanding payment within a specified timeframe, creating a paper trail
File in Small Claims Court ($7,000 limit)
Fast, affordable, no attorney required for amounts within the limit
File a Civil Lawsuit
For amounts above small claims limits, file in Montana civil court
Enforce the Judgment
Up to 25% of disposable earnings. Bank account levies and property liens also available
Statute of Limitations in Montana
The statute of limitations for collecting on a promissory note in Montana is 5 years (oral and written). After this period, the lender loses the right to file a lawsuit to enforce the note.
| Aspect | Montana Rule |
|---|---|
| Usury Rate | 15% |
| Statute of Limitations | 5 years (oral and written) |
| Small Claims Limit | $7,000 |
| Garnishment Rules | Up to 25% of disposable earnings |
Sample Montana Unsecured Promissory Note
Below is a preview of our Montana-specific unsecured promissory note template.
STATE OF MONTANA
UNSECURED PROMISSORY NOTE
No Collateral Loan Agreement
LENDER:
Name: [Lender Name]
Address: [Montana Address]
BORROWER:
Name: [Borrower Name]
Address: [Montana Address]
LOAN TERMS
Principal: $[Amount]
Interest: [Rate]% per annum (max 15% in MT)
This note is UNSECURED. No collateral has been pledged.
Montana Unsecured Promissory Note FAQ
Answers to common questions about unsecured promissory notes and collection procedures in Montana.
Official Montana Resources
Use these official resources for Montana lending laws and court procedures.
Other Montana Promissory Note Types
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