Posted by Kyle Ledgard on 9/11/05 1:54pm
Msg #64672

Question About Identity

I received a call about notarizing an affidavit for someone who does not have his birth cert with him but needs to travel. Am I correct in thinking I would need to complete an acknowledgement or jurat (which he must select) after providing proper id? He does have soc sec card and CA DL, which I assume would suffice. As a new notary signing agent, I haven't done many notarizations. Would my assumptions be correct? Kyle in CA

Reply by Jenny_CA on 9/11/05 2:16pm
Msg #64676

Forgive me I don't understand your question. To complete an Ack. or a Jurat you do need proper CA accepted Id.

You can't however legalize a document or give legal advice unless you are an attorney. Is the client wanting you notarize a document he has or does he want you to provide what he needs in order to travel?

Reply by Kyle Ledgard on 9/11/05 2:38pm
Msg #64678

The question was if someone doesn't have a birth cert with them but needs an affidavit so he can travel, can I complete an Acknowledgement if he has proper id, which he says he has (DL & Soc Sec Card)?

Reply by Stephanie_CA on 9/12/05 3:17pm
Msg #64812

If he is wanting you to notarize an affidavit.
You would need notarial wording, but not necessarily an acknowledgment.
In California, a Drivers' License is the best ID, it has a photo, a physical description and a signature.
Generally, an affidavit is a declaration of some sort, so in most cases you would use a "Jurat", which would indicate that he swore or affirmed to the truthfulness of the statement under penalty of purgery.
Social Security cards and birth certificates cannot be used as forms of identification in California.
I hope this helps.

Reply by Kyle Ledgard on 9/11/05 2:54pm
Msg #64682

Follow up on my question...the person is needing to travel in Canada and airlines advised him he would need affidavit. Would I be doing an acknowledgement with Soc Sec card and CA DL as the documents used for identity?

Reply by Jenny_CA on 9/11/05 4:31pm
Msg #64688

Re: link for review

http://www.ss.ca.gov/business/notary/notary.htm

The hand book tells you what is acceptable ID for CA.

Aslo as a brand new Notary Public investing in the 2005 Id Checking Guide might be a good idea. I've used it several times. I also have the international edition and I've used that one a couple of times.

Reply by Barry Silver on 9/11/05 3:00pm
Msg #64684

At the very least, you need to have a pictured ID (or two credible witnesses) to verify ID. Birth certificate is not a pictured ID. Social Security may never be used for ID per the Social Security Administration. Always follow your stat'e notary laws.

Reply by BarbaraL_CA on 9/11/05 10:58pm
Msg #64714

Re: Question About Identity - Be Careful!

Is this person asking for an "Affidavit of Citizenship"? I would be cautious since no birth certificate is produced. Here is a link to an interesting court case where an affidavit of citizenship was completed by a notary attesting that the person was a US Citizen (he had CA drivers license) and as it turned out he was born in Canada and had been arrested in prior years.
http://www.usdoj.gov/usao/mt/PressReleases/200409021537.htm

Reply by BrendaTX on 9/11/05 11:13pm
Msg #64718

Kyle, Let me see if I have this...

Signer needs to travel. If they need a birth certificate to travel it must be out of the country. .

He has enough ID on him to make a paper hat to wear on the trip so we are good on that.

The problem of the missing birth certificate is not a notary problem and you know this, of course...however, I am getting the drift that it is a travel requirement.

If I remember correctly, if you don't have a passport you do have to take your birth certicate with you when you leave the country. I have only been to Mexico, and I think that was the case going in that direction.

My sons did not have passports...and, two of them were not related to me (yes, that's right - blended families...too much to explain).I had to take notarized affidavits from the father and mother of the boys so they could go to Cancun with me for vacation PLUS the birth certificates showing their parents' names.

Here's what I think you are looking for: This person needs to write an affidavit (statement) himself. In it he should state exactly what he is testifying to, swearing to, claiming. I assume this is where he will discuss his birth certificate. He signs it in front of you and you notarize with his chosen notary certificate.

Most of us are rooting for the Jurat, but in Texas it would not make a hill of beans which one was attached.

If this doesn't do it, we better get a translator in here.

Reply by Kyle Ledgard on 9/11/05 11:57pm
Msg #64724

Thank you Barbara and Brenda. The person, who was going to Canada, was told by his wife, who works for Delta, he needed an affidavit of citizenship. I told him I do not show any such form and that the most commonly used forms were the Acknowledgement and Jurat. Based on what on wife insisted he needed, we parted ways without notarizing anything. As I mentioned, he had a soc sec card and CA DL. Am I correct that there is no "affidavit of citizenship"? Thank you again. Kyle in San Diego

Reply by SarahBeth_CA on 9/12/05 1:24am
Msg #64727

Kyle there very well may be a document called and "Affidavit of Citizenship", have this guy ask his wife if there is a preprinted form or a statement he is to write up himself. But it is a document not a Notorial Certificate. We need to really know what the notorial acts are. I suspect you know the answer to that. However do not assume anything, learn until you know. Double check the CA handbook. I would suggest highlighting the acceptable forms of ID section. That is what I did and it really helped me.

Reply by BarbaraL_CA on 9/12/05 1:40am
Msg #64729

Affidavit of Citizenship - Form

http://www.all-travel.com/form_affidavit.html

Reply by CaliNotary on 9/12/05 3:12am
Msg #64731

You're mixing up the types of notarizations (ack and jurat) with the documents being notarized (affadavit). You definitely need to read and reread the CA notary manual and not do any other notarizations until you're more educated. Knowing the types of notarizations is basic basic stuff and you obviously aren't clear on that.

Also keep in mind, as notaries we are not responsible for the contents of the document being correct or truthful (unless you know for a fact that what you're notarizing is fraudulent). Our job begins and ends at verifying the identity of the person we are notarizing. It's their job to get and complete the affadavit of citizenship, all you should be doing is notarizing it.

And social security cards and birth certificates are completely meaningless to you as a notary in CA. Make sure you learn the only acceptable forms of ID and don't EVER use anything other than what the law says we can use.

Reply by Kyle Ledgard on 9/12/05 8:21pm
Msg #64853

The customer's were expecting me to provide the affadavit of citizenship, which I explained to him we do not do. I explained to him the only forms we have are acks and jurats and that I can verify his identity with his CA DL but could not verify his citizenship based on the fact that he showed me a CA DL and soc sec card. Many aliens (legal and illegal) have these documents.