A South Carolina promissory note acts as a formal agreement detailing the terms under which a lender loans money to a borrower. This legally binding document explains the loan amount, interest rate, and repayment schedule. It also describes the consequences of default.
This document ensures both parties understand their obligations and serves as a clear record of the transaction. By specifying conditions for the loan’s repayment and any security the borrower provides (if applicable), the promissory note safeguards the lender’s and borrower’s interests.
Laws: Promissory notes fall under Title 36, Chapter 3 (Negotiable Instruments) of the South Carolina Uniform Commercial Code.
Statute of Limitations: Six years (§ 36-3-118).
By Type
Secured
Lets the lender retain an asset (such as a car or house) if the borrower doesn't repay their loan.
Unsecured
The borrower doesn't need to provide collateral for this loan because they can often seek it with a good credit score.
Usury Laws and Interest Rates
South Carolina’s interest and usury laws fall under Title 34, Chapter 31 (Money and Interest) and Title 37, Chapter 3 (Loans):
- For Monetary Judgments (§ 34-31-20(B)): For each year a debtor owes damages to a creditor/plaintiff, interest will be calculated with the Wall Street Journal’s published prime rate plus 4% (compounded annually). Here’s what interest rate calculations look like for older judgments:
- 12% a year for judgments entered between January 1, 2001, and June 30, 2005.
- 14% a year for judgments entered before January 1, 2001.
- For Unsupervised Loans (§ 37-3-201(1)): 12%.
- For Supervised Loans (§ 37-3-201(2)(c)): 18%.
- In General (§ 34-31-20(A)): 8.75%.
