Collect on the Loan with an Orlando Promissory Note Attorney
A promissory note is a signed, unconditional promise to pay —and when a borrower defaults, the note itself is most of your case. As an Orlando, Florida promissory note attorney, Keough Law enforces defaulted notes and collects the principal, interest, and fees you're owed.
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A note is a debt in writing
You lent the money, financed the sale, or took a note to paper a settlement. The borrower signed a clear promise to repay—and then the payments stopped. A promissory note is one of the strongest collection tools there is, because the document itself establishes the debt.
That strength is why note cases often move faster than ordinary disputes. This page is part of our nonpayment & collections practice—and where an owner personally backed the loan, it pairs with guaranty enforcement.
- A signed note or loan agreement is in default.
- Seller financing or a business loan went unpaid.
- A settlement was papered as a note and breached.
- You need to accelerate and demand the full balance.
What we have to prove
A note claim is refreshingly clean. Establish these four things and the burden shifts to the borrower to come up with a real defense.
A valid note
A written promissory note—a signed, unconditional promise to pay a sum certain, on demand or by a set date.
You own the note
You are the holder or payee entitled to enforce it, whether you made the loan or took the note by assignment.
A default
The borrower failed to pay as promised—a missed payment, a matured balance, or another event of default the note defines.
An amount due
A balance owed: unpaid principal, accrued interest, late charges, and—often—accelerated future payments.
What borrowers raise—and why most fail
A defaulting borrower will reach for a defense to buy time: the note was paid, never valid, procured by fraud, or charges illegal interest. Against a clean note and payment record, most of these don't survive.
We prepare the case to defeat these defenses on summary judgment—before they turn a straightforward collection into a drawn-out fight.
The delay
- "The note was paid off"
- "There was no consideration"
- "I was defrauded into signing"
- "The interest rate is usurious"
The instrument
- A payment history showing the balance due
- The funds or value that supported the note
- A signed, unconditional promise to pay
- A rate within Florida’s legal limits
The document does the arguing
Keough Law enforces defaulted notes for lenders, sellers, and businesses— accelerating the balance, moving for summary judgment on the instrument, and collecting against the borrower, any collateral, and the guarantors behind the loan. Prior results do not guarantee a similar outcome.
“They stopped paying and thought a signed note wouldn't matter. Shaun moved fast, and we recovered the balance with interest.”
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Note Default
Principal and then some
A well-drafted note lets you recover far more than the money still outstanding. Here is what a note judgment typically captures.
Unpaid principal
The full outstanding balance—accelerated to the entire remaining amount where the note allows.
Interest
Accrued interest at the note rate, or a higher default rate if the note specifies one.
Late charges
Late fees and other charges the note provides for on default.
Attorney’s fees
Where the note has a prevailing-party fee clause, your attorney’s fees and costs.
From default to judgment
Review the note
We confirm the note is enforceable, calculate the payoff, and check for acceleration, default-interest, and fee provisions.
Notice & demand
Where the note requires it, we give proper notice of default, then send an attorney demand for the accelerated balance.
Sue on the note
A note case is often well-suited to summary judgment—the document proves the debt, shifting the burden to the borrower.
Judgment & collection
We reduce the note to a judgment and enforce it—garnishment, liens, and any collateral or guaranty behind the loan.
Efficient because the note is strong
Note cases are often among the most cost-effective collections, because the document proves the debt. We frequently open with a flat-fee demand letter and, if needed, move quickly toward summary judgment—pursuing your fees from the borrower where the note allows.
We'll give you an honest read on the payoff, timeline, and cost during your free consultation.
A litigator who forecloses on excuses
You work directly with Shaun Keough, not a call center. Note enforcement sits inside our business litigation practice, so when a note is backed by a personal guaranty or overlaps an open account, you already have the right lawyer.
Promissory note questions
What do I need to enforce a promissory note in Florida?
Primarily the original note and proof of default. A promissory note is a written, unconditional promise to pay a fixed amount, so if you are the holder and the borrower missed a payment or the balance matured, you generally have a strong claim. The note itself does most of the proving—which is why these cases often resolve on summary judgment.
Can I demand the entire balance after one missed payment?
Often, yes—if the note has an acceleration clause. Acceleration lets you declare the full remaining balance due upon default, rather than suing payment by payment. Many notes also require notice and a chance to cure first, so we review the exact language before accelerating to make sure the demand is enforceable.
What can I recover on a defaulted note?
Typically the unpaid principal, accrued interest at the note rate (or a higher default rate if the note provides one), late fees, and—where the note includes a prevailing-party fee clause—your attorney’s fees and costs. If the loan is secured or personally guaranteed, we pursue the collateral and guarantors as well.
The borrower says the note is invalid or was paid. Now what?
Common defenses include payment, forgery, lack of consideration, fraud, usury, or that the note was modified. Most fail against a clean paper trail. We anticipate the defense, line up the payment history and signatures, and move to knock out unsupported defenses so the case doesn’t stall.
How long do I have to sue on a promissory note?
A note is a written instrument, so Florida generally applies a five-year statute of limitations, measured from the default or maturity date (and, for installment notes, potentially payment by payment). Because the trigger can be nuanced, it is best to act before the clock and the borrower’s assets both slip away.
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