Posted by SD/CA on 4/22/07 1:18pm
Msg #186397

Notary Legistation

We are "Officer's Of The Court" and as such we should be protected from those who do not pay us for our services. I think the states should pass legislation making it a crime for companies to refuse to pay for Notary Public services. We are governed by state law and must be commissioned, bonded and abide by the laws of that state.
I know I have opened up a bag of worms, but what do you think?

Reply by Lisa Prestegard on 4/22/07 2:33pm
Msg #186412

Have discussed this at length with the Florida SOS office, to no avail.
I used to use language similar to that in your post in my collection letter. Past tense... used to use. I no longer have a need for a collections letter since I no longer accept SS work

Reply by Carmen/123 on 4/22/07 2:50pm
Msg #186414

Isn't that funny how that works Lisa...once you no longer accept SS work the non payment issue easily resloves itself.

C

Reply by BrendaTx on 4/22/07 3:02pm
Msg #186417

Re: Notary Legistation - Amen Carmen and Lisa! n/m

Reply by Lisa Prestegard on 4/22/07 3:14pm
Msg #186419

Yep... incredible!

I went from $5-7K in monthly receivables to... lemme see... $750.
Only one TC client ever hits the 30 day mark and I forgive them based on the volume they provide.
And just to be clear, I do have two SS's that I will continue to work for: Scott at Assured Closings in MN and Gary Thorne at Express Signatures. I might wait 30-45 days to be paid occassionally, but they meet my fee, the checks are good and they don't 'hand hold'. Oh, and one more thing about those two guys: Neither of them has ever lied to me (package arrival, size, etc) nor have they held my check ransom.
They definately set the standard for SS's... too bad there aren't more Scott's and Gary's out there.

Reply by DebbieT on 4/22/07 5:28pm
Msg #186422

I agree

I have worked for Gary with Express Signatures and he is great. No problems at all.

Reply by cassiewi on 4/22/07 6:07pm
Msg #186424

I'm with you on those two as well

Scott, especially as I've done more work for him. He pays twice a month like clockwork. Pretty good turn around. IMO. Only done a few for Gary but he's been good when I've worked with him.

Reply by linda/ca on 4/22/07 11:46pm
Msg #186456

Re: Yep... incredible!

Unfortunately, Lisa, all Title Companys don't pay on time as well........for example: Kensington Title...........still trying to collect after (3) months.

Reply by CopperheadVA on 4/23/07 6:26am
Msg #186467

Re: Kensington Title - me too!

I decided to give Kensington Title another chance after they came on the board and said they were changing their ways. I have one that was a no-sign that's over 30 days. They owe me a trip/print fee.

Reply by Charles_Ca on 4/22/07 8:24pm
Msg #186444

No more SS, no siree, not for me!

Seems like SS are self destructing faster than docs on Mission Impossible. Actually I've never liked the whole SS thing and have assiduously avoided them almost from the start. Hopefully as things get shaken down we will have a lot fewer SS to deal with and then maybe Jeremy will value his notary members more.

Reply by Bob_Chicago on 4/22/07 7:40pm
Msg #186431

Totally disagree. In Illinois , for example, the maximum....

notary charge is $1. Mortgage, two ackkowledgemts and two affidavits
would be a whole $5. Not exactly a grounds for legislative action.
More importantly, if they would get into payment issues. , they would also try to
get into licensing, training. proceedures. continuint education., record keeping, etc. etc.
Notary laws are not designed for our business. Only a small portion of what
we do is directly notary related.
The typical notary transaction involves a person going to a NPs. place of
business. presenting their ID , signing a doc that they have brought with them,
getting a sig and seal, paying a buck or so a permitted by applicable state
law and saying thank you.
What we do is way more involved, which is why we get the big bucks.
We are conducting a business, and it is our obligation to make acceptable
arrangements to receive our agreed fee, which is usually well in excess of
maximum notary fee as permitted by applicable law.
We hold a public commission. Lawyers are officers of the court. If you fail to pay
a lawyer for theri service they will put you into collection or sue your butt. It is
not a criminal offense. Barbers, morticiansl plumbers and massage parlor personnel are usually licensed in most states. State law does not make failure to pay them
a specific crime. Failure to pay a NP should not be one either.
We are business owners, NOT employees. A certain level of bad debt is
an intrigal part of conducting any business, where payment is not received at
the time of delivery of service. Deal with it.

Reply by Charm_AL on 4/22/07 7:58pm
Msg #186434

Re: Totally disagree. In Illinois , for example, the maximum....

Hey....
Bob, I just paid someone that said " hey. I'm retired.....I'll take all the $40. jobs I get called for, I've got nutnin better to do all day!"
That's why my regs aren't callling on me anymore!!! Dammmmmmmitttt

Reply by BrendaTx on 4/23/07 9:00am
Msg #186479

Re: Totally disagree. In Illinois , for example, the maximum....

**A certain level of bad debt is an intrigal part of conducting any business, where payment is not received at the time of delivery of service. Deal with it. **

Clearly Bob is gripey, but that does not diminish the truth of his answer. He's correct IMHO.

As far as "Officers of the Court"...I don't think that is correct for Texas. We are Officers of the State.

Reply by Charles_Ca on 4/22/07 8:20pm
Msg #186443

Where did you get the "Officer of the Court" thing???

You are comissioned by the Secretary of State not by the justice department and unless you are an attorney or process server or otherwise an employee of a judicial department such as the DA how do you figure you are an Officer of the Court???

Reply by TRG_wy on 4/23/07 8:13am
Msg #186472

Re: Where did you get the "Officer of the Court" thing???

Wyoming statutes read: "A notary public is a "Sworn Public Officer" of the state. A person who holds an office which is created or granted authority by the constitution or the legislature and commissioned by the Secretary of State to exercise a portion of the sovereign power of the state."

I have to disagree with Bob also.

Reply by SD/CA on 4/22/07 11:08pm
Msg #186454

In California you are considered a "Officer of the Court" if you are a notary.

Reply by Charles_Ca on 4/23/07 12:21am
Msg #186458

I'd like to see the cites for that!

I have never heard of a notary being an "Officer of the Court" Please provide the references. I believe that you may be treading in an area fraught with pitfalls.

Reply by Susan Fischer on 4/23/07 1:07am
Msg #186460

In OR, a notary public "acts as an Officer of the State...

the duties of the office arrowly defined to certain prescribed acts of limited scope."

I take that to mean the same as demanded of Officers of the Court for the purposes of integrity, ethics, and adherence to the laws of the state, including the rules of confidentiality, among others. Notaries public are, for instance, presumed accurate witnesses to signatures, and the taking of oaths in accordance with Oregon laws and agency regulations.

My understanding of Officers of the Court is that they are appointed by authority of the Court. Lawyers are allowed to practice law when they are sworn in as attorneys. As a lay person, I am an Officer of the Court as a Court Appointed Special Advocate (CASA) for particular cases, and have the same rights, duties, and responsibilities as the attorneys in those cases. There are probably other situations, like court reporters(?), who may also be under the special duties of Officers of the Court you can think of.

So, for me, I consider my commission, and appointment as an Officer of the State, exactly as I receive the appointment to represent my CASA kids, with all due respect and diligence, and acutely aware that while I can 'practice law' as a CASA, I cannot as an Officer of the State in the capacity of a notary public - but the requisite personal responsibilities are the same.

Cheers!
Susie

Reply by Susan Fischer on 4/23/07 1:16am
Msg #186461

Ok, so that wasn't germaine. Sorry...<feeble grin> n/m

Reply by janCA on 4/23/07 9:40am
Msg #186491

Re: I'd like to see the cites for that!

Charles, you are right. We are not "Officers of the Court" we are considered "Public Officials". I think the original poster has confused the two. Our role is to serve the public, not the courts.