Posted by howard53 on 5/14/07 3:11pm
Msg #190100

Attention all Alabama Notary of non-payments

This is a message I recieved from the state of Alabama about non-payments for work that has been completed without pay.

Thank you for your inquiry.

Code of Alabama 1975, section 36-20-5, subsections (3) and (4), provides that notaries public shall have the authority to demand acceptance and payment of "bills of exchange, promissory notes and all other writings which are governed by the commercial law as to days of grace, demand and notice of nonpayment and protest the same for nonacceptance or nonpayment and to give notice thereof as required by law, and exercise such other powers as, according to commercial usage or the laws of this state, may belong to notaries public."

I have found an old case which is cited in the annotation to the statute and the annotation says that the case holds that "notary public has authority to receive, check and demand payment therefor." The case cited is Hooper v. Herring, 14 Ala. App. 455, 70 So.2d 308 (Ala. App. 1915).

Reply by Michelle/AL on 5/14/07 4:43pm
Msg #190126

Can you translate that legalese into english?

I sounds like a good thing. Does this simply mean, "Don't think you can take advantage of a notary public. Pay up or else!"

Reply by howard53 on 5/14/07 6:07pm
Msg #190144

Re: Can you translate that legalese into english?

This is the thought that I get, That if you owe us we have the right to demand payment. The contact at the state will pull the case file and tell me more.

I will keep you posted.

howard

Reply by BrendaTx on 5/15/07 9:07am
Msg #190198

No matter what, howard53, notary or not...

If someone owes us money we have a right to demand payment...although, I can definitely understand you being eager to find it in notary law. You probably won't find anything of any power to smack around the deadbeats in notary law...skip it and consider yourself to be like any other service. Go at them like a wall of pit bulls...don't call off the dogs until there's nothing left to collect from. (Metaphorically speaking, of course.)

Reply by dickb/wi on 5/14/07 5:56pm
Msg #190140

i don't think it means you have any legal ...

standing to collect any fees due you.....we in wi can also protest a note for a client but it is not for us......i am not an attorney and this is not legal advice...JMHO.......

Reply by howard53 on 5/14/07 6:12pm
Msg #190146

Re: i don't think it means you have any legal ...

Well not sure about WI laws, but as I read what was written to me about ALABAMA law we are right to expect payment.

Reply by TRG_wy on 5/14/07 6:45pm
Msg #190152

Re: i don't think it means you have any legal ...

Ditto in Wyoming too. It is deemed theft of services and the statutes call for a $750 fine, jail time, or both. I have used it to great success on dead-beat SAs.

Reply by TRG_wy on 5/14/07 6:47pm
Msg #190153

Re: i don't think it means you have any legal ... Oops, typo

Should read against dead-beat SS (signing services). Too funny. It's my B'Day today so I have an excuse.

Reply by BrendaTx on 5/14/07 7:45pm
Msg #190158

Happy, happy, happy Birthday, Timothy! n/m

Reply by TRG_wy on 5/14/07 10:17pm
Msg #190175

Thank You Brenda :)

Thank You Brenda

Reply by Barb/MO on 5/14/07 6:57pm
Msg #190154

Here's the context for the quote you provided

The section you cite is within Chapter 20, Notaries Public, of Title 36 of the Code of Alabama.

You have quoted subsections (3) and (4) of the section entitled "Section 36-20-5 Powers" that outlines the powers of a notary. The first two are (1) administer oaths and (2) take acknowledgments. To my knowledge, Missouri notaries can't do (3), but I've seen such powers referred to on this forum by notaries in one or two other states. I believe (4) is a catch-all provision that refers to any other powers possibly accorded to a notary subsequent to the latest version of this particular section.

Just because it's the way I'm wired, and I was curious anyway as to what the power/authority actually was, I located the section in the Alabama Code to which I believe (3) refers, which is found at Section 7-3-505, "Evidence of dishonor." I couldn't easily find a way to link to that particular statute, but if you go here, http://alisdb.legislature.state.al.us/acas/ACASLogin.asp, then click on the "Code of Ala" tab on the left, then "View," then Title 7, then Article 3, then 7-3-505 and scroll down to (b), you'll see what I'm talking about.

While I see it's related to the UCC, I still don't have a clear enough understanding of exactly what this power is to explain it to anyone else. I'm pretty sure it doesn't mean you have a statutory right to expect payment for notary services, any more than any other debt owing to anyone else of the same kind.

The good news is that if you can figure out what it is exactly that you are empowered to do, perhaps you could develop a kind of niche service for marketing purposes.

Perhaps someone on this forum who has had experience in this type of work could provide an explanation of what this service would actually entail, and whether there's even a market for such work.

This research was done on the fly, and I make no representations as to its accuracy.

Reply by Michelle/AL on 5/14/07 8:30pm
Msg #190163

Barbara, we're birds of of feather...

....when I read that about a year ago I had no idea what it meant. So I emailed the SOS who told me she would have to have one of her attorneys respond to me. No one ever did. I was thinking the same way you're thinking about it being another market to pursue. However, based on how it was phrased I got the impression that perhaps this sort of thing stems from the 1800's or something and isn't being used anymore. But of course I'm just guessing here.

Reply by MaryH/AL on 5/15/07 8:05am
Msg #190194

Notarial Protest

This is referring to a Notarial Protest. I don't think it has anything to do with collecting money due to us. You can do a search on "protest" or "notarial protest" and get more information from past posters on this.

Reply by MikeC/NY on 5/15/07 4:55pm
Msg #190257

Notarial protest

I'm not sure it means what you think it means - it's not a way to collect or force creditors to pay you. What a notarial protest does is establish admissible evidence of nonpayment of commercial paper - a promissory note, a check, etc.

There's info on the Internet if you Google "notarial protest", but I found this Piombino's "Notary Public Handbook - A Guide for New York":

"In the event that a bill of exchange (i.e., draft), promissory note, bank check or similar negotiable instrument issued for the payment of money is refused for acceptance or payment by the drawee (i.e. bank), it is the responsibility of the holder to have the instrument 'protested'. A protest is a solemn declaration and statement in writing, drafted by a notary public at the request of the holder of a bill or note. It is declared that the bill or note described was on a certain day presented for payment (or acceptance) and was refused... The purpose of the protest is to set 'into motion' the formal process required to start the civil legal proceeding to secure the payment of money."

The actual process is kind of involved and if you screw it up the money may not have to be paid (which is why E&O insurance can be a good idea). You could do this if a check bounced, but I don't believe it's going to help you if some sleaze bag company chooses to stiff you on an invoice - an invoice is not negotiable paper, but a check is.

I am pretty sure that notaries in every state can do a protest; I'm also pretty sure that most (possibly other than those who work at banks or other financial institutions) have never done one and wouldn't know where to start - and I include myself in that group.

Reply by Barb/MO on 5/15/07 7:27pm
Msg #190271

Thanks for the additional info. n/m