Posted by MaggieMae_CA on 3/18/09 10:11pm
Msg #281293

Notice of Protest

For the second time in 4 years I've been requested to assist with a Notice of Protest. I have never done one before and don't know of anyone who has. If someone has completed this type of work before and can give me any tips, I would greatly appreciate it. It would be ideal to have another CA notary respond, but it seems like this is something you run into few and far between.

I know how much I can charge (it was covered in my CA notary class) but how it's done remains a mystery. I've researched it online and have found some things, but being able to communicate with someone who has actually done this is more helpful. The fees for notarization are specified, but I don't know if I can charge anything for doing the mailing, etc.

I hit the orange search button, but only one thing comes up which pertains to Affidavits, not actually the Notice of Protest procedure.

I am going to be meeting with the gentleman on Saturday to discuss the possibility of working with him on it.

Please feel free to respond on the board or contact me directly.

Thank you!

Reply by Lee/AR on 3/18/09 10:51pm
Msg #281296

Re: Notice of Protest... Calling Kevin...

Keep searching the net. Can't remember where, but I stumbled across info somewhere and, if memory serves, it's almost an archaic exercise and extremely time consuming and doesn't work out anyway. That's all I remember. Hope someone is more help...

Reply by MaggieMae_CA on 3/18/09 10:56pm
Msg #281297

Re: Notice of Protest... Calling Kevin...

Thanks Lee, This guy sounded like an attorney when he was talking to me about it and during the course of the conversation I found out he was a tennis instructor (scratching head). He thinks he can go thru this procedure and get of of a student loan or out of some credit card debt. I'm curious about it and would like to learn more. Not sure if I'm going to take it on or not.

Reply by BobbiCT on 3/19/09 7:20am
Msg #281326

Notice of Protest ...

In CT, ancient, antiquated and I haven't heard of anyone doing this in the past 30 years.
Banks and financial institutions have their own way of dealing with non-payment of promissory notes. In effect, I AM STATING that the debtor hasn't paid the debt based on what the creditor told me and documents shown to me by the creditor. When an employee of the creditor who knows the FACTS can do the same, too much liabilitity for me for $5.

Kevin may have a better more "legalese" answer.

Reply by Kevin/Ct on 3/19/09 9:51am
Msg #281344

Re: Notice of Protest ...

I have been doing collections work for 24 years in Connecticut, and I have never run into this. Notes are legally enforceable by banks as collection actions for money damages. The note can be secured either through a mortgage or a prejudgment remedy (attachment/garnishment). A mortgage is enforceable in Connecticut either through a strict foreclosure or a foreclosure by sale.

Actions to enforce notes and mortgage foreclosures are separate causes of actions, but may be included in the same complaint as separate counts unless the Defendant successfully moves for a motion to strike one or the other counts or a motion to sever the two counts into separate cases. So far I have not had any trouble including both counts in a single complaint.

I am not sure if the following is what you are talking about, but very often a debtor may disagree with the amount claimed due by a creditor although he does in fact owe a lesser amount. In order to make payments without triggering retaliatory action by the creditor (i.e. acceleration of payment for the full disputed amount) the debtor may write on the memo potion of the check "paid under protest" in order to preseve all of his remedies provided by law (Action for Unfair Trade Practice) and equity (Claim for Reformation) , and thereby not show his admission to the full claim of the creditor.

Reply by MikeC/NY on 3/19/09 8:11am
Msg #281332

Re: Notice of Protest... Calling Kevin...

"He thinks he can go thru this procedure and get of of a student loan or out of some credit card debt."

A notarial protest has nothing to do with avoiding a debt. It's used to collect a debt, usually involving commercial paper or foreign bills of exchange. It's not something most notaries will ever do, unless they work for a large commercial bank - and even then, it's probably very rare.

The concept has been twisted by tax protesters and "patriots" who try to use it as a method of avoiding their debts. From what you've described, I think that's what you're looking at here. Personally, I would stay clear of it.

There's a fairly good explanation of what it is and what it isn't, called "The Woes of Misunderstanding Notary Protest", available at

http://tinyurl.com/dhpzb6

The format on that site makes it difficult to read, but you can register for free and download a PDF version (or strain your eyes, like I was doing...).

Reply by Maureen_nh on 3/19/09 10:04am
Msg #281348

We can also perform this function, but are advised not to do it unless you are acting under the auspices of a banking or other financial professional.
IMHO, unless you want a learning experiance and are willing to learn all the requirements, I would graciously bow out for your good and that of your client.

Reply by MaggieMae_CA on 3/19/09 10:07am
Msg #281349

Thanks to all who replied...

I appreciate your insights on the subject and agree with Maureen that it would be a good idea for me to graciously bow out since I have no clue on what I'm doing.

Reply by John_NorCal on 3/19/09 9:33pm
Msg #281436

Here's what the Cal handbook says

§ 3505. Protest; Noting for Protest
* * *
(b) 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 shall
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 John_NorCal on 3/19/09 9:33pm
Msg #281437

Here's what the Cal handbook says

§ 3505. Protest; Noting for Protest
* * *
(b) 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 shall
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 JanetK_CA on 3/20/09 3:00am
Msg #281444

Re: Here's what the Cal handbook says

Yeah, that really cleared it right up for me! Clear as mud, every time I've read it. I've always wondered about that paragraph myself, but in nearly nine years, I have yet to run into anyone asking about it. That's one trend I'd like to see continue!

Reply by Katie family name Lee on 2/11/10 9:57pm
Msg #322497

http://notarypresenters.com/