Posted by november_CA on 4/7/05 1:41pm
Msg #30182

Strange question

I am a brand new notary and my boyfriend needs an affidavit from someone for court/custody. The person gladly agreed and wants to meet me tomorrow to have it notarized. Now, he was going to pay me for the notary, instead of her paying since she is going out of her way. Is this ok? He is not my husband, and I personally would not benefit. I just want to make sure so I don't get in trouble or even him.

Thanks!

Reply by Art_MD on 4/7/05 1:45pm
Msg #30186

I don't know CA rules, but if there is no benefit to you, you can notarize the document. As for your fee, I don't believe you have to charge. You manual probably says " may charge.. maximum of ..." "may" gives you an option or charging or not charging.
Hopefully you'll get some replies from CA notaries.

Art

Reply by november_CA on 4/7/05 1:52pm
Msg #30187

I'm checking in my book right now to see anything else. I do really see how it's benefiting me, I know it's benefiting my boyfriend of course. She also volunteered to do it, so is agreeing totally. I just don't trust some people. Hate to see someone come back and say they signed under duress.

Reply by BrendaTX on 4/7/05 2:14pm
Msg #30191

November,

If it were me I'd leave that one alone even though it's probably not a conflict of interest. (Don't know CA law...not giving legal advice.)

Sometimes all it takes for a sane woman to explode is to see a girlfriend's signature.

If the woman is the least bit emotionally fractured your signature may make her completely nuts...if she's worried about losing the case she will stop at nothing to cause you 9 kinds of hell. Why risk her contacting the SOS to make stupid allegations when you can just pay another notary $10 or so to get it done elsewhere?

At the least it could cause delay in the case to get the affidavit resigned just to shut her up.

(This is not just common to crazy women. It goes both ways. When you've worked around family law disputes you know these things.)

Reply by november_CA on 4/7/05 2:32pm
Msg #30198

Actually she'd wig at the affidavit in general. It's her ex roommate. Yes, she is a little off. Maybe I will just say do a declaration, you don't a notary for that or like you said, get it notarized elsewhere. Thanks!

Reply by MrEd/CA on 4/7/05 2:28pm
Msg #30196

I agree with Brenda. While you may not be benifiting you are involved in the situation & a case could possibly be made for conflict of interest, at some time in the future should the situation change or deteriorate. It would be best to stay clear of it, IMHO.

Reply by DellaCa on 4/7/05 2:46pm
Msg #30200

I agree I would not touch it,Its not worth what may happen in the future with this one.
my 2 cents

Reply by november_CA on 4/7/05 5:04pm
Msg #30240

Thanks all, I already notified her to do the declaration instead of the affidavit. That way I am no way involved except I agreed to pick it up for him.

Reply by Ernest_CT on 4/8/05 12:36am
Msg #30324

I strongly agree with those saying steer clear, and ...

... I'll go further: Don't even pick up the document. Also, (keeping in mind that this is NOT legal advice!) I'd recommend that you DO get the document notarized. By someone other than you.

Having been through divorce, as well as unpleasant breakups, my best advice is to give absolutely no excuse to anyone.