Posted by Doris_CO on 6/17/08 2:20pm
Msg #251670

Notary Presentment?

I just received a call for a "Notary Presentment". From the description, it sounds very much like a Notary Protest. I would certify (not sure what is meant by that), notarize and send by certified mail. I'm just wondering if anyone has heard of a "Notary Presentment" and are familiar with what is involved? The caller did not mention the nature of the document. I've checked my notary handbook for Colorado and it's not clear.

Reply by Nomad/OR on 6/17/08 2:27pm
Msg #251672

some info

http://members.aol.com/StatutesP4/13.Cp.35.html

Reply by Doris_CO on 6/17/08 2:39pm
Msg #251674

Re: some info

Good information. Thank you.

Reply by Laura Vestanen on 6/17/08 9:31pm
Msg #251743

Nomad has the best info n/m

Reply by SharonMN on 6/17/08 5:11pm
Msg #251707

Are there any current, legit uses for this kind of thing? From what I understand, this was a method (developed prior to modern banking) of certifying that payment made was no good. Nowadays, I think any bank could give some kind of universally recognized documentation that a check was no good without involving a random notary off the street. But if in the 1800s, Bob gave Joe some form of check or personal note as payment, and that paper was supposed to be presented to Bob's personal representative or a far away bank to be cashed, and then that bank or representative refused to honor that paper when Joe presented it, there could be a dispute. When Joe asks Bob for payment, Bob could say "I already paid you" and could demand proof that Joe was really unable to convert the paper to spendable funds.

Seems like nowadays the only ones who ask for notarial protests/presentments are trying to claim paying taxes is illegal or doing some other crazy thing I'd rather not be involved in.

Reply by Gerry_VT on 6/17/08 5:28pm
Msg #251709

Re: Notary Presentment? - IOUs

Notary protests seem to be obsolete as far as the American banking system goes. It might still apply in the case of private IOUs. It could serve as proof that the lender actually demanded payment from the borrower. I don't know if having such proof would ever really make a difference in court, though.

Reply by Laura Vestanen on 6/17/08 9:30pm
Msg #251742

Presentments are NOT protests

Hi, Gerry

Presentment work is NOT protest work.

Hugely different.

fyi,
LauraV

Reply by Laura Vestanen on 6/17/08 6:37pm
Msg #251715

I do Presentment work. It's a bit complicated.

I will my phone number to you via private message in a sec.

Call me before 5:30pm Pacific Time.

LauraV

Reply by MikeC/NY on 6/17/08 8:11pm
Msg #251722

Re: I do Presentment work. It's a bit complicated.

Why not just explain what it is you do?

With the modern banking system, the notary protest has gone the way of the dodo bird. As far as I can tell from my own research, most of the "presentment" work now involves either tax dodgers or others trying to game the system to get out of paying a legitimate debt.

I'd love to be proven wrong on this. If you're aware of a real, aboveboard use of the notary protest procedure that is in use today, why not share it with us?

Reply by Linda_H/FL on 6/17/08 9:09pm
Msg #251738

I was approached once for this by a guy who

claimed he and his company helped people stave off foreclosure...I was to send certified letters to the debtor, receive any responses from him regarding the debt, and after three attempts to contact was to submit a report of the results (response, no response, response attached, etc., etc) - sounded a little underhanded to me (he cited one guy in my area who's farm was in foreclosure and wended its way through the court system for 10 years...this guy claimed that property should never have been foreclosed on...and this was the work he did...sounded sleazy then and still sounds sleazy now....I told him I wasn't comfortable with it and respectfully declined.

Reply by Laura Vestanen on 6/17/08 9:18pm
Msg #251741

Re: I was approached once for this by a guy who

Yep, a fraction of the people wanting presentment work are greaseballs. Another fraction are the ones who want to avoid taxes. They are loonies.

But many of my presentment clients are honest, hard working people. I make excellent money doing this work, mostly on the admin services accompanying the notary work.

LauraV

Reply by Laura Vestanen on 6/17/08 9:16pm
Msg #251740

Re: I do Presentment work. It's a bit complicated.

Presentment work is not protest work.

Click on Nomad's post and read the info at the url he offered. Very good place to start.

I'm not explaining it on the board because it is VERY complicated. If you read the info at url posted by Nomad and understand it thoroughly, I would still have to spend a half hour typing a post here.

LauraV

Reply by MikeC/NY on 6/18/08 11:23am
Msg #251806

Presentment is part of a notarial protest

Nomad's post describes the guts of a notary protest. Maybe they're calling it a presentment now, but it's the same thing - you're dealing with commercial paper or drafts (checks) that have been dishonored.

Here's another take on it that explains it in simpler language:

http://tinyurl.com/5mxjjb

You're right, it is a complicated process and most notaries won't deal with it for that reason. I don't know how lucrative it might be in California, but here in NY we are allowed to charge 75 cents for the first protest, plus another 10 cents for each additional one up to a maximum of five. Around here, they're usually handled by the bank's notaries.

Reply by MistarellaFL on 6/18/08 11:56am
Msg #251809

Re: Presentment is part of a notarial protest

It certainly is, according to the site Nomad posted:


(b) Protest.--A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.

Reply by Laura Vestanen on 6/17/08 9:34pm
Msg #251744

If tax related refuse. All other work is lucrative. n/m

Reply by Bill Smyth on 7/21/09 7:51pm
Msg #296794

Can Nomad please repost the post from msg #251672. The link is stale.

Reply by Katie family name Lee on 2/11/10 9:58pm
Msg #322499

http://notarypresenters.com/