For a general discussion of the action on a promissory note, see section 14.25 in this manual. If foreclosure of the security interest is sought, combine these admissions with those at form 18-11.
Pattern Requests for Admissions—Promissory Note
that the document attached as Exhibit [exhibit number/letter] is a true and genuine copy of a promissory note.
Answer:
that the document attached as Exhibit [exhibit number/letter] was executed by Defendant [or by an agent of Defendant with full authority to bind Defendant to its terms].
Answer:
that Defendant received value in exchange for the promissory note referred to in request numbers 1. and 2. [if necessary, set out the nature of the “value” given, e.g., by paying cash to Defendant in the amount stated in the promissory note].
Answer:
that by the execution of the promissory note referred to in request numbers 1. and 2., Defendant unconditionally promised to pay $[amount] to the order of Plaintiff.
Answer:
that Plaintiff is the owner of the promissory note referred to in request numbers 1. and 2.
Answer:
that Plaintiff is the holder of the promissory note referred to in request numbers 1. and 2.
Answer:
that the promissory note referred to in request numbers 1. and 2. is the basis for this suit.
Answer:
that no payments have been made to retire the principal or accrued interest on the promissory note referred to in request numbers 1. and 2. for which Defendant has not been given credit.
Answer:
that the debt evidenced by the promissory note referred to in request numbers 1. and 2. is now due and payable.
Answer:
that on [date], the date this suit was filed, the amount of $[amount] was due to Plaintiff as principal on the promissory note referred to in request numbers 1. and 2.
Answer:
11.Admit or Deny
that on [date], the date this suit was filed, the amount of $[amount] was due to Plaintiff as accrued interest on the promissory note referred to in request numbers 1. and 2.
Answer:
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Attach exhibit(s). |