Posted by Notary_MA on 2/6/06 1:15pm
Msg #94754
Follow up about Notary Protest Adventure....
Yesterday I posted a message (can't find it now though) about four protest requests against Ameriquest for an attorney. I mentioned that the attorney was willing to guide me through the process.
Earlier today I took liberty to learn about the protest procedure. I learned that it's rather quite simple. I believe that a non-attorney notary public may be practicing law if done outside the assistance of a lawyer. This is my opinion however.
I was shocked to learn that the notary acts as the mediator, if you will. We (the notary) personally contacts the people involved and follows up for the party requesting the protest. The attorney explained to me that the notaries role is similar to that of an administrative law judge. For example, if you have a hearing with the welfare department, the person that renders a decision is the administrative law judge.
When I got home this afternoon I was interested in uncovering the attorneys source. After a brief search using google, I found this page that explains the steps clearly. http://www.notarialprotest.com .
This is a notary function that I will learn more about through time. It was an excellent adventure for me, and I hope more service requests come my way.
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Reply by MarleneM USNA on 2/7/06 11:04am
Msg #94994
Re: How it works in PA. . .
from the Practical Guide for Notaries Public in Pennsylvania. The "form" mentioned was developed by USNA as the law does not specify the format of a protest.
Note: Nothing to do with courts, administrative judges, etc. I don't know where that came from, but we're not aware of any state for which a notary may perform legal services unless they are also lawyers. And notarizing any document, protest included, does not make it legal.
Protests in PA
When a negotiable instrument such as a check, a money order, or a traveler’s
check is presented for payment and payment is denied, the instrument
is said to be dishonored. The holder of the dishonored instrument may
then ask a notary to issue a protest. A protest, also called a certificate of
dishonor, is a notary’s written statement that, upon presentment, a negotiable
instrument was neither paid nor accepted.
The protest is the only notarial power that is not conferred on you by the
Notary Public Law. Notaries are empowered to issue protests under
Pennsylvania’s Uniform Commercial Code (UCC), a set of rules and regulations
governing business and commerce in the Commonwealth [13
Pa.C.S. §3505(b)].
A protest is used to notify the maker and any endorsers of a negotiable
instrument that payment was requested and denied. A protest is sent
through the mail to ensure that all parties receive notification of nonpayment,
including the reason payment was not made. Some common reasons
for denying payment include: insufficient funds in the account; account
closed; account holder out of business, bankrupt or deceased; negotiable
instrument is post-dated, altered or dated more than six months before presentment;
or no such account exists.
In the past, protest was one of the notary’s most important functions.
Half a century ago, sending official notice of a dishonored instrument by
mail was the fastest means for a payee to collect his or her money. Today,
the financial industry has faster, more efficient, electronic means of communicating
information about dishonored checks and other negotiable
instruments.
Protest is not mandatory. The individuals who wrote or endorsed the
instrument are still liable for payment, even if a protest is not requested by
the holder. In addition, Federal Reserve regulations discourage the use of
protest. For example, the Federal Reserve recommends that no individual
or institution protest instruments written for less than $2,500. Some negotiable
instruments, such as those drawn on or payable to the federal government,
are never protested. Gradually, banks have dispensed with the formal protest procedure, especially for checks in small amounts. As a result, protest is now the least common notarial act.
Before you can issue a protest, the individual to whom the instrument is
payable must have complied with the conditions given on it and presented
it for payment at the proper time and place. For example, if the
negotiable instrument is a personal check drawn on a bank, the check
must have been presented for payment at the bank during normal business
hours.
The original, notarized protest form, with the negotiable instrument
attached, is given to the customer, who may use it as evidence in court proceedings.
Copies are sent to the endorsers. This serves to notify all the parties
involved that payment was denied. The copies sent to the maker and
to the endorsers need not be certified copies, although your customer may
ask you to certify them.
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