Georgia Affidavit of Lost Promissory Note: What Gwinnett County Borrowers and Lenders Need to Know About Notarization Under O.C.G.A. § 24-11-27

If you have ever misplaced a promissory note — whether you are a lender trying to enforce a debt or a borrower who needs to prove the terms of an agreement — Georgia law provides a specific legal path forward. The Georgia Affidavit of Lost Promissory Note is a sworn statement used when the original promissory note has been lost, stolen, or destroyed, and it must be signed in the presence of a notary public to be valid in court.

What Is the Georgia Affidavit of Lost Promissory Note?

An Affidavit of Lost Promissory Note is a sworn written statement that describes the contents of a lost promissory note and explains the circumstances of its loss. The form typically includes:

• The date and amount of the original note
• The names of the borrower (maker) and lender (payee)
• The original interest rate and repayment terms
• The balance due at the time the note was lost
• A description of how the note was lost or destroyed
• A statement that the note has not been transferred, assigned, or canceled

Once notarized, this affidavit serves as evidence of the note's existence and terms, allowing a court to establish a certified copy that can be enforced as if the original were still in hand.

Why Georgia Law Requires Notarization

Under O.C.G.A. § 24-11-27, when a promissory note, bill, bond, or other negotiable instrument is lost or destroyed, the owner may bring a legal proceeding to establish a certified copy. The statute requires the owner to file a complaint setting forth that the instrument is lost or destroyed. The accompanying affidavit must be sworn before a notary public to ensure its authenticity and admissibility as evidence.

Notarization serves several critical purposes in this context:

• Identity verification: The notary confirms the affiant is who they claim to be
• Voluntariness: The notary ensures the statement is made freely, without coercion
• Evidence chain: The notarized affidavit creates a public record that can be used in litigation
• Fraud prevention: The notary's seal deters false claims about lost instruments

Without proper notarization, a lost note affidavit may be rejected by the court, leaving the lender without the ability to enforce the debt.

When Is This Form Used?

This affidavit is most commonly encountered in:

• Foreclosure proceedings: When a lender has lost the original note and needs to prove the debt exists
• Debt collection lawsuits: When a creditor must establish the terms of a lost agreement
• Estate administration: When an executor finds records of a loan but the original note is missing
• Business transactions: When a company needs to enforce a lost corporate promissory note

Where to Find the Official Form

There is no single state-mandated form for a Georgia Affidavit of Lost Promissory Note, but Georgia law requires the affidavit to meet the general standards for sworn documents under O.C.G.A. § 24-11-27. Many Georgia title companies, real estate attorneys, and online legal document providers offer templates that comply with state requirements. For complex situations involving foreclosure, always consult with a Georgia real estate attorney.

Official reference: O.C.G.A. § 24-11-27 — Procedure as to Action on Lost or Destroyed Note, Bill, Bond, or Other Instrument

Important Considerations

If you need to execute an Affidavit of Lost Promissory Note in Gwinnett County:

• Have the original transaction details available (date, amount, parties, terms)
• Contact a notary public before signing — the affidavit must be notarized, not just signed
• Consider consulting an attorney for complex or high-value notes
• If the note was endorsed to another party, additional documentation may be needed

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.