Posted by CA_Notary on 6/18/04 6:36pm
Msg #3208

Notarizing an Inmate

Has anybody ever had to notarize something for somebody in jail? I have to get a Grant Deed notarized. Obviously inmates don't have their ID on them. I've already called the jail and was told that it would not be possible for it to be shown to me, so I'll have to use 2 credible witnesses.

I guess I'm wondering what would make a credible witness in this situation. I'm assuming that the staff didn't know him personally before he was put in jail. Yet I'm also assuming that the identification procedures used to book him are enough to ensure that he is indeed the person they say he is.

Any suggestions?

Reply by hmmmm on 6/18/04 7:53pm
Msg #3210

This is a tricky one! Here's a few guesses:

Can you find out who his attorney is? Perhaps someone from the law office knows him. Criminal attorneys visit jails, so you might be able to get credible witnesses from the attorneys who visit the guy.

Did the inmate happen to give Power of Attorney to anyone?

Is there a way to find out if the inmate ever gets visitors who would not be involved with the Deed? The inmates attorney might know.

Reply by HisHughness on 6/18/04 8:19pm
Msg #3213

My take would be that the law requires only a credible witness who knows the affiant. You can't get too much more credible than a sworn law enforcement officer; maybe a Supreme Court justice, or perhaps an outspoken obesity doctor would be more believable, but not too many other types. That leaves only the requirement that the credible witness be prepared to vouch for the identity of the affiant. If they're willing to do it, and if you have no evidence that would undermine their allegations (there's that word again) that they know the party, I'd go for it.

I gather that the law in general doesn't want to place too much of a burden on notaries, and thus doesn't normally require anything more than a prima facie case. Two cops saying "He's the man" constitutes a prima facie case, I think.

Reply by Lawrence Goodwin on 6/19/04 8:24am
Msg #3219

I have had to go to the county jail for similer reasons, I use the booking records and, if available, the arresting officer, but any sworn officer will do.
Now the state prison is a whole other story.

Reply by judyca on 6/20/04 2:23am
Msg #3240

Re: Notarizing an Inmate... Charge?

I have had some calls resently for these situaltions. What do you charge?

Reply by one with an idea on 6/21/04 7:38pm
Msg #3303

Re: Notarizing an Inmate... Charge?

Usually when you have someone that is in jail they have to wear a badge. That badge is taken from thier driver's license at booking. If they didn't have a name or failed to give it they would not be allowed to have a name on there. It would read John Doe. That should be able to be used in that particular situation. I remeber that particular point from a law class.

Reply by PAW Notary Services on 6/22/04 8:20am
Msg #3315

Re: Notarizing an Inmate... Charge?

"one with an idea" stated: "Usually when you have someone that is in jail they have to wear a badge. That badge is taken from thier driver's license at booking."

Inmate identification is unique to the correctional facility and/or jurisdiction that manages the facility. For example, here in FL, our county jail has no inmate identification other than their inmate number. No name, no picture, no nothing. However, FL notary law has specific provisions for dealing with the identity of inmates whose identification has been confiscated.

I strongly urge anyone who posts information about performing notary work, that they identify the area, at least the state. Notary laws vary so much from state to state, and some parts of the process, such as identification procedures, can vary within different counties and parishes.

Reply by CA_Notary on 6/22/04 12:54am
Msg #3312

Re: Notarizing an Inmate... Charge?

For this situation they offered to pay me as if it were a complete signing, even though it was just 4 pages with one notarization. Took about 25 minutes to check in, see him, and leave.

He actually ended up refusing to sign the document (a quitclaim deed) because he wanted to clarify things with his wife before he signed. I was told by the signing company that it's not unusual for them to refuse to sign in this situation.

Now that I've done it, I'd treat it more or less like a standard mobile notarization in the future, but I'd charge a bit more on the travel fee due to the time involved to check in. Normally I'd charge $25 travel fee (about 10 miles) plus $10 per signature, in this case I'd probably tack another $10 onto the travel fee for the extra steps required.

As for my original question about ID, after reading the posts in here I decided that the prisoner's wristband was acceptable ID. It's a state issued ID, the only ID available, and I think it's a safe assumption that the person wearing the ID is indeed the person who I'm notarizing. It would be easier to get a fake ID out of prison than it would be to fake identity while in prison!

Reply by curious george on 6/19/04 9:46pm
Msg #3231

I just recently went to a Notary seminar for the State of Oregon. Being a rookie an all, I asked the same question and was told by the representative from the sec. of states office that in that circumstance the jails "face sheet" will meet the ID. requirements. Meaning the inmates file w/picture I imagine. So you might want to call you notary section at the secretary of states office and ask them if that would be o.k. in your state.
I would also love to hear your results...

Reply by Cheryl CA on 6/21/04 1:21pm
Msg #3273

Inamtes where a wristband, photo id with their inmate number on it, hence you will have a photo id, which is a valid, acceptable inmate ID issued by the Department of Corrections.

Reply by MELANIE~MS on 6/21/04 1:37pm
Msg #3278

GO CHERYL!! GO CHERYL!! GO CHERYL!!

SERIOUSLY, I LIKE IT. MAKES SENSE TO ME.

Reply by ... on 6/22/04 1:57pm
Msg #3333

Re: Notarizing an Inmate - MELANIE

ARE YOU A CHEERLEADER????