Posted by GFBSNotary on 12/16/07 10:19pm
Msg #226429

Take notice

Since this has become public record according to PA court...
Express Financial Services Inc , Express Title Services of Ohio Inc... have claimed bankruptcy!
Just to let you know... They owe me money... oh well another write off - loss
There should be a LAW to protect the Notaries!!! Besides the normal route of taking legal action ( our cost ) to collect ... hummm
Any comments or ideas?

Reply by GA/Atty on 12/16/07 10:21pm
Msg #226430

Raise your fee by $5.00 (or whatever) to cover the no pays?

Reply by CaliNotary on 12/16/07 10:26pm
Msg #226432

Now that type of common sense isn't allowed on this board!

Don't you know that we're the ONLY industry in the world who shouldn't be expected to eat an occasional loss in our business?

Reply by Susan Fischer on 12/16/07 10:33pm
Msg #226433

"There should be a LAW to protect the Notaries!!!" Then,

so often lately, when rules/regs/laws are proposed to clean up the industry, "Too many Laws!"

Sheesh.

Reply by Marlene/USNA on 12/17/07 8:23am
Msg #226450

Re: "There should be a LAW to protect the Notaries!!!" Then

As in all things, perhaps, somewhere down the middle?

Reply by Linda Juenger on 12/16/07 10:43pm
Msg #226434

There are many, many people who were not paid. Some are owed thousands. I'm thankful I only lost 125. I, along with many received bankruptcy papers in the mail in the last week or so. You will probably get some also.

Do a search here and you will find lots of info.
This is not news.

Reply by PAW on 12/17/07 7:21am
Msg #226445

>>> There should be a LAW to protect the Notaries!!! <<<

Many states do have laws that require "Notaries" to be paid, for notarial acts. However, signing agents have no laws other than the existing business practice laws, contracts and torts, etc. According to two attorneys that I've worked with, the fee we receive to perform signings (at least here in Florida) are not notary fees and as such do not fall under the notary statutes regarding fees and payments.

Per my attorney, if I am not paid for a signing, then I need to follow normal and standard business procedures in collect.

Reply by Dennis D Broadbooks on 12/17/07 9:08am
Msg #226454

So, If You Were Stiffed...

...by someone after performing a Notarization in the State of Florida there are laws in place to ensure the Notary gets paid for their services rendered? Or is your comment directed towards other states?

Reply by PAW on 12/17/07 9:42am
Msg #226462

Re: So, If You Were Stiffed...

The Constitution of the State of Florida, Article II, Section 5(c) states: "The powers, duties, compensation and method of payment of state and county officers shall be fixed by law." Throughout the notary law (Chapter 117) references to fees always stipulates that a notary may not charge in excess of the fees allowable by state law. Of course, the notary is free to not charge for their services as well. It is noted that one cannot find a simple statement stating that a notary must be paid. Fees and the authority to collect those fees are sprinkled throughout the statutes.

Reply by Dennis D Broadbooks on 12/17/07 10:39am
Msg #226476

What's the Process...

...for a Notary in FL to go after their money? Is it different than collecting on a debt any other citizen may have? I'm just curious more than anything. Maybe I'm reading incorrectly but it seems to me you've intimated ("Many states do have laws that require "Notaries" to be paid for notarial acts" ) several states have laws which appear to grant a special collection status to Notaries. If I'm wrong in my assumption let me know. The reason I'm asking is we're on our own in Missouri & I'd like to know how other states' laws treat this situation.

Reply by PAW on 12/17/07 11:14am
Msg #226485

Re: What's the Process...

I haven't done it myself, as the process, being political, would probably be more costly and time consuming to be worth it. However, as a state "official", I am assuming that it would have some increased credence to the Fl Bar and Attorney General's office. I honestly don't know if the FL SOS or Governor's Office (Notary Section) would get involved and if so, how much. It's just that there are statutes on the books that anyone who performs services for a fee and completes "the job" and/or has a valid and enforceable contract, has an avenue to collection. I would assume (oh how I hate that word) that most, if not all, states have something on the books that a notary or signing agent can hang their invoice on. (Other than Small Claims, which I would assume to be the fastest and least expensive path.)

Reply by Dennis D Broadbooks on 12/17/07 11:19am
Msg #226488

Thanks, Paul!

I appreciate the dialogue.

Reply by SReis on 12/17/07 10:09am
Msg #226468

Even if allowed under notary law not worth it in some places

Here in Ma we are only allowed a min. fee for notarizations, so it probably wouldn't even be worth pursuing for the $5-$10 in notary fees.

Reply by Luana on 12/17/07 3:04pm
Msg #226533

EFS has filed for Chapter 11. The hearing is set for 01/08/08 in Courtroom D 54th floor, U.S.
Steel Tower 600 Grant Street, in Pittsburgh, Pa. If the hearing last more thank 10 minutes, it will be reported to the Courtroom Deputy. You will have to attend the next court hearing to enable you to receive you money. How many of us are willing to go to Pa.? I am owed 230.00, so if I go I may have to settle for 1/2. Is it worth it.????????????

Reply by Barb/MO on 12/17/07 3:18pm
Msg #226538

"You will have to attend the next court hearing ..."

"... to enable you to receive you money."

Luana, where did you get that information? What hearing is it that's set for January 8? To my knowledge, it is never the case that (general, unsecured) creditors have to attend any hearing in order to protect their interests, except if there would be a hearing on the allowance of their specific claim. Please elaborate.

Reply by CaliNotary on 12/17/07 7:35pm
Msg #226570

"I am owed 230.00, so if I go I may have to settle for 1/2. Is it worth it.????????????"

Nope, it's not worth it