Posted by kathy/ca on 5/17/13 11:09am
Msg #470335

Anyone here been called to court or sued for notary work?

I am curious if this happens very often. I hear it can happen but rarely ever hear it actually does.

Reply by Bip on 5/17/13 11:13am
Msg #470336

No.
But last week I signed up an attorney, who does his own notarization's. (which I questioned him on). He said the judge was scrutinizing his journal record keeping and is still waiting for a verdict.

Reply by FGX/NJ on 5/17/13 11:22am
Msg #470337

Been threaten twice in 13 years. 1 POA and 1 health care document.
Never subpoenaed.
Both claimed undo influence.

Reply by Sylvia_FL on 5/17/13 11:28am
Msg #470338

BIP this reminds me of a signing I did where the borrower was an attorney (had to go out three times before he was satisfied with docs) he was also a notary. His wife worked in the office with him. He drew up wills, and his wife signed as one of the witnesses on the wills and he notarized the witnesses signatures. I pointed out to him that he could not notarize his wife's signature. He disagreed with me. I pulled out my copy of the notary laws. He then said it really didn't matter as the wills he drew up would never be contested!!!!

Reply by Les_CO on 5/17/13 11:53am
Msg #470340

I’ve never been sued because of notary work, but have been in court twice to testify. Both times on non-NSA but notary related issues.

Reply by Lee/AR on 5/17/13 12:31pm
Msg #470343

Looks like GNW generates more problems than NSAing n/m

Reply by Notarysigner on 5/17/13 1:31pm
Msg #470353

I had a private investigator request a copy of a Journal entry for a divorce settlement agreement. Never heard from them again.

Reply by Marian_in_CA on 5/17/13 1:42pm
Msg #470356

Yes...

And it was no big deal. Keep a good, accurate journal and obey the law... you have nothing to worry about. Most of the time, a notary called in to court is only there to present or explain evidence. It's not personal.

Well... unless the notary broke the law or was a complete imbecile and messed something up.

Reply by Les_CO on 5/17/13 7:36pm
Msg #470390

Re: Yes...

I would agree….except for the connotation “imbecile” and its reference. This exclusion would mean that notaries could only be called into small claims court (no lawyers allowed)

Reply by Claudine Osborne on 5/17/13 9:23pm
Msg #470395

Re: Yes...

I have been subpoenaed to appear in the case of a couple that are divorcing and I notarized their documents. The court date is June 4th. General Notary Work. The husband is contessing claiming he signed under duress. NOT! It helps to keep a detailed journal! I remember the couple very well..They were very friendly with each other and he agreed to sign without any hesitation. This will be a first for me..I have been asked to bring a copy of my commission, and my journal entry!

Im not nervous and I know that I did everything to be prudent about this as with any other notary work..professional all the way!

Reply by Les_CO on 5/17/13 10:25pm
Msg #470401

Re: Yes...

Don’t worry! You will do fine. These judges are so accustomed to lies, it will be refreshing for them to get a truthful answer…I suspect you will be complemented. Sorry about the uncompensated time…but after all you are a “public servant” good luck…I predict it will be positive learning experiences…remember not all people consider us unwashed.

Reply by Michelle/AL on 5/18/13 9:56pm
Msg #470464

Yes, once.

I notarized a Last Will & Testament. A year later, an attorney contacted me and asked me to testify on behalf of the deceased (the person who hired me). It was EOM and the courthouse was more than an hour's drive. I made my concerns known and attorney agreed to allow me to submit a written deposition instead. My journal entry was complete. I remembered the appointment so there was no "hemming & hawing" during the deposition. I was confident that the person whose will I notarized knew what he was signing and did it voluntarily.

I'll admit. I was nervous at first but I stuck to the facts and never heard anything more about it.

Oh! I just remembered that on another occasion I was contacted by an attorney about POA I notarized. I told him he could supoena me if he wanted to but there was no way the person signing the POA had been coerced. That didn't go any further either.