Posted by Korey Humphreys on 3/4/06 2:18pm
Msg #101926

OT: uh oh! I just got served with a summons to appear...

at court. Someone who I notarized a document for is being prosecuted for perjury. I just looked in my journal and see that it was an affidavit in connection with a case held against him.

What the heck am I suppose to do at court? Do I just show up their and show my journal entry for the affiant? I'm not in any trouble, but this is the first time I've ever been summoned to court because of an affidavit I notarized.

Do you think the charge of perjury will stick? I did everything properly and in accordance with Executive Order 455 (04-04).

I'm nervous and don't know why ! ..... I'm going in on the courts behalf.. not that of the defendant's.

Reply by PAW on 3/4/06 2:31pm
Msg #101928

Re: OT: uh oh! I just got served with a summons to appear..

Gee, Korey, I thought you were a process server and knew all about this kind of stuff. I'm guessing here, but from what you're saying is that you're being summoned as an "expert witness" and as a friend of the court, in that you were the notary who notarized the **signature** on the affidavit. (Note: You don't notarize documents. You notarize signatures. [PA notaries excepted.]) You state that the person whose signature you notarized is being prosecuted for perjury. Why on earth would you make the following statement: "Do you think the charge of perjury will stick? I did everything properly and in accordance with Executive Order 455 (04-04)." Are YOU being charged with perjury too? Putting everything you said together doesn't make a whole lot of sense.

Reply by Korey Humphreys on 3/4/06 2:43pm
Msg #101931

Re: OT: uh oh! I just got served with a summons to appear..

Thanks for your quick response....

Yes I am a process server.. that has nothing to do with actually showing up in court as a notary.

I made that statement because I have never heard of a case in the Commonwealth where a defendant was prosecuted for perjury when the oath/affirmation was administered by a Notary Public. Are their any precedence in other states that you know of?

No I'm not being charged with perjury. It is a witness summons (I should have stated that in my other message).

I am curious what I have to give and/or testify about. I've never been summoned in this manner. I am hoping another notary will know the process.

I'd be interested in reading any cases that have already been heard. I did a Westlaw and Lexis search, yet couldn't find anything relevant. Do you know of any Paw?

Reply by PAW on 3/4/06 3:05pm
Msg #101936

Re: OT: uh oh! I just got served with a summons to appear..

I don't know of any notaries personally who have testified as to their actions.

As Don iterated, I suspect that you are being requested to validate your notarial act. If you placed the defendant under oath and completed a jurat so signifying that the oath was administered and the signer swore to the contents of the document, and the contents are indeed false, then the defendant may be guilty of perjury.

I am not an attorney licensed to practice law in the State of Florida. The above information is being provided strictly as my personal opinion and is not to be construed in any manner as legal advice or opinion.

Reply by Korey Humphreys on 3/4/06 3:07pm
Msg #101937

I trust your advice and information believe me! thanks n/m

Reply by DonR_NYC on 3/4/06 2:51pm
Msg #101934

Re: OT: uh oh! I just got served with a summons to appear..

It sounds like the defendant may have been less than truthful in the affidavit that you notarized, which would be perjury. You are most likely being called in to verify that you did in fact place the defendant under oath. At that point any false statement made in the document is an act of perjury.

NOTE: I am not an attorney and the above openion is based on my understanding of NYS law as it applies to the Office of Notary Public.

Reply by Korey Humphreys on 3/4/06 3:08pm
Msg #101938

Thats what I thought.. thanks Don n/m

Reply by thnotary_NY on 3/4/06 3:18pm
Msg #101943

Re: Thats what I thought.. thanks Don

This should give those who don't give the oath, something to think about.

Reply by Les_CO on 3/4/06 8:09pm
Msg #101978

I've had to go to court here in Colorado.

I simply (after being sworn) said: (paraphrase) "That guy, signed this paper" A few more questions back and forth, and it was over. ( Took about 1/2 of my day, going, parking, coming back) But, really easy.

Reply by Korey Humphreys on 3/5/06 12:43pm
Msg #102073

Okay you guys are right. I talked to my attorney and she said pretty much the same thing.

All I have to do is go into the court as a "friend" (amicus curiae) and testify as to whether or not I notarized the person's signature, AND acknowledge whether or not I placed the affiant under oath.
(For which I did.)

The Notary Rotary journal is great! It I did not have the MoJo I would never have taken the thumbprint of the affiant. In Massachusetts it is not required to do so, but since my MoJo has a spot for it, I thumbprint everyone that needs something notarized for the court's use. The other journal I used had no space available for a thumbprint.

Reply by JudyinLa on 3/5/06 12:44pm
Msg #102075

Re: Korey

Haven't you figured out that you are not wanted/welcomed?

Reply by Korey Humphreys on 3/5/06 12:57pm
Msg #102082

Re: Judy

Haven't you figured out that everything seems somewhat resolved? Or are you so wrapped up in your childish posts that you can't see beyond your stupidity?

Reply by PAW on 3/5/06 7:13pm
Msg #102145

Re: Korey

JudyinLa opined, "Haven't you figured out that you are not wanted/welcomed?"

Maybe by you. However, in this somewhat democratic society that we live in, we have to learn to live with those that we may not like or want as our friend. You have the option to not read, not post, not even visit here. Whether or not Korey is welcomed here is strictly up to the boards owner and moderator, Harry. I may not agree with everything Korey, or Harry, says, does or stands for (playing devil's advocate here), but I will stand up for his right to be heard and seen if Harry so deems it. I personally think you have stepped out of line in making such a broad statement that he, or anyone, is not wanted or welcomed. If you want to exercise that power, start your own forum or message board.

Reply by TitleGalCA on 3/5/06 7:15pm
Msg #102147

I second the motion, Paul

***start your own forum or message board***

Talk about not being wanted/welcomed...sheesh.

Reply by Beth/MD on 3/5/06 7:23pm
Msg #102151

Re: I third the motion, Paul n/m