Posted by Andrea Gordesky on 6/2/06 8:28pm
Msg #123781

Document Advice

I am having a document issue as a newer notary and am in need a little...guidance. I have someone who would like me to notarize a paper that basicaly says 'My ex husband is responsible for his own debts as of such and such a date' It is a document that is typed/ hand written (she hasnt decided which way to do it yet) by the client herself in the midst of a divorce. Doesnt she need a legal document drawn up by a lawyer? I dont know the legal impact or if it is permissable for me to notarize such a document.

Reply by Howie35CT on 6/2/06 8:53pm
Msg #123789

Hmmm, here's the long and short of it. You can notarize just about anything except for items that you would have a personal gain or interest. However, in this case, that particular document would not be legally binding since her husband is not signing, nor are you an attorney (are you?) legally attesting to this particular fact. In short, yes, you could notarize any personal statement made by another party, but in this case, it wouldn't amount to a hill of beans if she took that doc to court and attempted to hold her ex to those conditions. The correct answer is to affirm my thoughts/babbling with the TRUTH, which is in your state's notary handbook.

Reply by Anonymous on 6/2/06 9:02pm
Msg #123794

She intends to have her husband sign it in my presence and me notarize it. It just makes me nervous to put my stamp on something that doesnt, well LOOK legal.

Reply by Missy_Lulu on 6/2/06 8:57pm
Msg #123790

If I'm not mistaken one would generally put a classified ad stating that one is not responsible for the others debts. I would think that the only way she is not to be considered partially responsible is if he signs it to. So who told her to make up this document? Who told her what type of notary certificate (acknowledgment or jurat) to use? You can't tell her which to use. She can tell you which she would like you to use but I don't know that a document signed by her would be legally binding at all. I could be totally wrong. Who is she going to give this document to once she has signed it and you have notarized it?

None of the above is to be construed as legal advice. I am not an attorney.

Reply by MelissaM_FL on 6/2/06 9:02pm
Msg #123793

Basically, if the signer tells me that they want a document notarized and they know whether they need an acknowledgment or a jurat, I notarize whatever someone wants notarized. So long as the signer says that the document contains true statements and has valid identification, and the notarization is not a prohibited act as listed in the Governor's Manual, I try not to refuse the notarization.

I am prohibited from offering legal advice, although I can suggest that someone may want to consult an attorney as to whether a document would hold up in court.

Reply by Becca_FL on 6/2/06 9:17pm
Msg #123798

Ditto Melissa...

Also, we are NOT responsible for the content of the document. Show the signer an Ack and a Jurat and ask what cert. she would like attached, check IDs and do your thang and collect your cabbage.

Reply by Anonymous on 6/4/06 7:35pm
Msg #124021

Re: Ditto Melissa...

Thanks so much. Really.

Reply by Roger_OH on 6/2/06 9:14pm
Msg #123797

We notarize SIGNATURES, not documents. The content of a document that someone asks you to notarize is not your concern (unless it has blank spaces); They can sign whatever statement they wish and tell you whether to use an ack or jurat; beyond confirming their ID, the potential legality of a document is not part of your job.

Reply by PAW on 6/2/06 10:01pm
Msg #123816

Absolutely correct-o mund-o Roger n/m

Reply by hcampersFL on 6/3/06 6:35pm
Msg #123926

PAW "Ayyeeee" said with my thumbs up! ;o) n/m

Reply by Anonymous on 6/4/06 7:36pm
Msg #124022

I keep forgeting that point. *smacks self* Thank You.