In the process of recovering most debts, litigation is almost inevitable. To facilitate and expedite the process for creditors to recover funds, promissory note judgments have been introduced. What exactly is a promissory note judgment? How should a promissory note be written? And how does one apply for a promissory note judgment?

How should a promissory note be written to ensure it is not invalid?

Before discussing promissory note judgments, let's first understand how to write a legal and valid promissory note.

Essential items to be included (failure to include them will render it invalid!)

1. Text indicating that it is a promissory note.
2. A specific amount of money.
3. Unconditional commitment to pay.
4. Year, month, and day of issuance.
5. Signature of the issuer.

Relative necessary items to be included (it's okay if these are not written!)

1. Name or trade name of the payee.
2. Place of issuance.
3. Place of payment.
4. Due date (if not specified, the promissory note is considered payable at sight).

What is a promissory note judgment?

1. A definitive and final judgment.
2. Rulings for provisional attachment, provisional disposition, or provisional execution, and other judgments that can be enforced under the Civil Procedure Law.
3. Settlements or mediations established under the Civil Procedure Law.
4. Notarial deeds that can be compulsorily executed under the Notary Law.
5. Orders granted by the court for the forced sale of mortgaged or pawned items, upon the request of the mortgagee or pledgee.
6. Other titles that can be enforced under legal provisions.

A promissory note judgment refers to a creditor (commonly known as the lender) taking the promissory note issued by the debtor to the court to apply for a promissory note judgment. According to Article 123 of the Negotiable Instruments Law, this judgment can serve as an "enforcement title" for compulsory execution. This allows for the seizure and auctioning of the debtor's property during the execution process to satisfy the creditor's claim. The distinct feature of the promissory note judgment is that it becomes an enforcement title without the need for a lawsuit or judgment.

Application Process for Promissory Note Judgment

1. Draft and attach evidence (the promissory note) and submit an application to the court.
2. Once the court issues the promissory note judgment, the party can take this judgment to the National Taxation Bureau to inquire about assets.
3. If the opposing party does not file an objection within the legally specified period (ten days), the court will issue a "Certificate of Finality." Afterwards, the certificate can be used to apply for compulsory execution.

1. File an Objection: Upon receiving the promissory note judgment, one can file an objection against this judgment. However, an objection is effective only if there are significant formal flaws in the judgment or the promissory note, such as the note being invalid.
2. Lawsuit to Confirm Non-Existence of Promissory Note Debt: If the promissory note itself is formally correct but was not actually issued by you, how can you remedy this? In this case, you can file a lawsuit to "Confirm the Non-Existence of Promissory Note Debt" in court. You would present reasons and evidence to demonstrate that the promissory note was either not issued by you (forgery), has been altered (tampering), or that the debt it represents has already been extinguished or never existed. By filing a lawsuit to confirm the non-existence of the debt, you can avoid being subjected to court enforcement due to a creditor's application for a promissory note judgment.

Understanding and utilizing promissory note judgments correctly as an effective tool for resolving credit issues is crucial for protecting your rights. In this legal field, WHP, with its professional knowledge and practical experience, is always ready to assist you in facing related legal challenges. For more in-depth questions or professional advice, please feel free to contact WHP.

Reference：票據法Negotiable Instruments Law

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