Posted by John_In_Utah on 12/6/06 9:00am
Msg #164213

What would you do? ID Problems

Borrower only has a drivers privilege card here in Utah. (Utah law indicates revocation of commission if a notary accepts drivers privilege card as positive ID)
Indicates she has a passport, but doesn't have it in her possession at present.
No other type of ID... Any suggestions?

Reply by SarahBeth_CA on 12/6/06 9:02am
Msg #164214

Does Utah have a handbook?

If so look it up in the handbook.

Reply by MelissaCT on 12/6/06 9:25am
Msg #164216

If you legally can't accept the ID presented...

you can't notarize -- my opinion.

Reply by faceynotary on 12/6/06 9:35am
Msg #164223

Re: If you legally can't accept the ID presented...

I agree with Miss Haley.

You as the notary want to be confident that the signer is positively identified. ID is very basic (state Id- valid driver's licensce, passport, etc) unless for unique situations.

So you want to feel like when you complete your notarization that has your commission #, name, etc.- you don't have any doubts. You want to close your journal feeling like a task is well completed. You already quoted what Utah law states... so you should know the answer to your question.

JMO

Reply by MelissaCT on 12/6/06 9:55am
Msg #164228

Does UT allow for credible witness?

Although I would tread VERY cautiously going that route, considering this person does not have any useable ID. There must be a reason that the drivers privelege card is not considered legal ID for notarizations in UT...

Reply by faceynotary on 12/6/06 10:16am
Msg #164238

Re: Does UT allow for credible witness?

Hey Miss Haley I thought of this. Below are 2 links talking about both topics. Utah does have a certificate for a credible witness... but perhaps the best thing to do is to call the governor's office.

http://www.nilc.org/immspbs/DLs/DL023.htm

http://notary.utah.gov/samples.htm

Reply by MelissaCT on 12/6/06 12:03pm
Msg #164283

Always go with first instinct (kicking myself for 2nd post) n/m

Reply by Sylvia_FL on 12/6/06 10:03am
Msg #164230

No ID - no notarization.

Utah handbook I have says:

"Personal knowledge of identity" means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed.

"Satisfactory evidence of identity" means identification of an individual based on:

a) a current document issued by a federal or stat government with the individual's photograph, signature, and physical description.

b) The oath or affirmation of a credible witness who is personally known to the notary and who personally knows the individual: or

c) by electronic protocols as reliable as those set forth in Subsections (11)(a) or (b) and established by law or rule.

Reply by faceynotary on 12/6/06 10:19am
Msg #164243

Thanks Miss Slyvia

Hey Miss Sylvia, thanks my dear. I was on the governor's website, not much info where I was, but there is is a notary section.

I am so leary about id issues... I mean fraud is so rampant... I suppose credible witnesses would be an option.

Honestly, I don't like that credible witness thing. I'd rather go with the signer's identity. But hey jmo. I am not the law. There are extenuating cirmcumstances.

Reply by Ernest__CT on 12/6/06 10:11am
Msg #164233

Agreeing w/ other people: No ID == No notarization. Period. n/m

Reply by faceynotary on 12/6/06 10:31am
Msg #164250

Re: Agreeing w/ other people: No ID == No notarization. Period.

When I read this, this is all the verification I would need. The driving privilege card states that it cannot be used as id. Infact to verify residence people with this form of id have to provide a couple of documents when asked by officials I suppose or other reasons.

Applicants without an SSN are now eligible for a “driving privilege card” that will bear on its face the following notation: “for driving purposes only. not valid for identification.” The new law took effect Mar. 8, 2005, and was modeled after Tennessee’s policy of restricting the issuance of driver’s licenses only to U.S. citizens, lawful permanent residents, refugees, parolees, and asylees, and issuing only “driving certificates” to all other applicants (see “New Tennessee Law Creates ‘Driving Certificate’ for Most Noncitizens,” Immigrants’ Rights Update, Aug. 9, 2004, p. 3).

Reply by Ernest__CT on 12/6/06 10:19am
Msg #164242

Just out of curiousity, ...

... what is a "driver's privilege card"? Is is like a driver's license, but without a photo?

Reply by faceynotary on 12/6/06 10:22am
Msg #164247

Mr. Ernest...



http://driverlicense.utah.gov/Driving%20Privilege%20Card.htm

Reply by Ernest__CT on 12/6/06 10:26am
Msg #164249

Great! Thank you!

Now everyone can clearly see why a Driving Privilege Card can't be used as identification. It also sounds as if Utah is willing to issue Driving Privilege Cards to illegal aliens....

Reply by faceynotary on 12/6/06 10:35am
Msg #164252

Re: Great! Thank you!

Well yes and there are issues also involved with this... http://www.nilc.org/immspbs/DLs/DL023.htm

Reply by ZeeCA on 12/6/06 11:02am
Msg #164264

sounds like it is

used to ensure that some one who would not qualify for a reg DL would have one of another tier to ensure they can get insurance. From someone who has been in an a major accident caused by an uninsured motorist this does not sound at all bad...

jmho

Reply by faceynotary on 12/6/06 11:12am
Msg #164269

Re: sounds like it is

Another good observation...

Reply by Gary_CA on 12/6/06 1:02pm
Msg #164300

Flip a coin

If I'm understanding the question... do you use the ID that's specifically illegal to use or the one that's not actually there...

Flip a coin, doesn't matter.

You knew that already... it's frustrating but you can't do this one.

From one of my favorite blues songs (Maria Muldar)...

I'm gonna tell him like the Chinaman if you don't bring the check
You don't get your laundry you can break your damn neck...

No ID no stampy.