Posted by Kathryn on 11/27/07 2:54pm
Msg #223140
Does anyone know about this form?
A gentleman visiting Tn. from another state ask me to notarize a form (haven't met with him yet) and he called it a Certificate of Waiver of Labor for his divorce.
Does anyone have any idea what that is ? I looked under ILRG.com and they don't have it there.
Should I be concerned that I don't know what it is. Thanks.
| Reply by DebbieT on 11/27/07 3:03pm
Msg #223144
Try this http://disp.uconn.edu/waiver.doc
| Reply by Terri_CA on 11/27/07 3:04pm
Msg #223145
In CA, it doesn't matter that the Notary doesn't know what the form is for, or what it purports to do. All the CA notary is doing is notarizing the signature on the document, period. The signer has to present proper ID, etc. etc.
As I tell my students, over and over, IT DOESN'T MATTER WHAT THE DOCUMENT IS!  Just make sure that the person signing it is the person in front of you, that they sign your journal, give you proper ID and pays the fee
Terri
Lancaster, CA
| Reply by BrendaTx on 11/27/07 3:20pm
Msg #223148
Re: Does anyone know about this form? It bears repeating!!
***As I tell my students, over and over, IT DOESN'T MATTER WHAT THE DOCUMENT IS! Just make sure that the person signing it is the person in front of you, that they sign your journal, give you proper ID and pays the fee ***
***As I tell my students, over and over, IT DOESN'T MATTER WHAT THE DOCUMENT IS! Just make sure that the person signing it is the person in front of you, that they sign your journal, give you proper ID and pays the fee ***
***As I tell my students, over and over, IT DOESN'T MATTER WHAT THE DOCUMENT IS! Just make sure that the person signing it is the person in front of you, that they sign your journal, give you proper ID and pays the fee ***
| Reply by Ernest__CT on 11/27/07 4:54pm
Msg #223181
Agreed! Most of us are _not_ lawyers!
If the potential signer is properly identified, pays the statutory fee, is physically present, signs in the Notary's presence, and the document contains no blanks, it doesn't matter (within reason) what the form is.
If the document contains an obvious falsehood, then that's a different matter.
| Reply by WDMD on 11/27/07 5:41pm
Msg #223203
Re: Agreed! Most of us are _not_ lawyers!
"If the document contains an obvious falsehood, then that's a different matter."
I would think that if the document has an acknowledgment attached to it, it would not matter if there are any falsehoods or not.
| Reply by Terri_CA on 11/27/07 6:58pm
Msg #223223
Re: Agreed! Most of us are _not_ lawyers!
Oh yes indeed it does matter. If the CA notary notarizes a document that contains information that they know for a fact is false, they would be notarizing the document illegally.
That's why I ask very little information about the document from the signer, just ask for ID, see that the name printed on ID matches the name they signed or will sign (ack) or will sign if a jurat, and make the required entry into my journal with their signature, thumbprint (I get a thumbprint for everything), get paid, complete the appropriate notary wording, and say thank you.
Terri
Lancaster, CA
| Reply by WDMD on 11/27/07 9:57pm
Msg #223269
Re: Agreed! Most of us are _not_ lawyers!
"Oh yes indeed it does matter. If the CA notary notarizes a document that contains information that they know for a fact is false, they would be notarizing the document illegally."
Contrary to popular belief, not all notaries in the United States are required to do what California requires. An acknowledgement in Maryland only requires that the signer is acknowledging the signature on the document is his/hers and they signed of their free will. Does not matter if the document states a truthful fact or not. So someone can have a document stating they are from Mars, slap an acknowledgement on it, and be good to go. In fact in Maryalnd there does not even have to be an acknowledgment or jurat on a document. A notary can just witness the signing of the document and notarize the witnessing of the signature.
| Reply by MikeC/NY on 11/27/07 10:27pm
Msg #223273
Re: Agreed! Most of us are _not_ lawyers!
<<Oh yes indeed it does matter. If the CA notary notarizes a document that contains information that they know for a fact is false, they would be notarizing the document illegally.>>
Is this really true in CA? An acknowledgment doesn't address the truth of what's contained in a document - it simply says that the signers were identified and signed the document of their own free will. Is CA law different for acknowledgments?
| Reply by Terri_CA on 11/28/07 12:33pm
Msg #223363
Re: Agreed! Most of us are _not_ lawyers!
While it's not specifically spelled out in the verbiage of either the Acknowledgment or Jurat; it is in the CA notary Handbook. The CA notary is not liable for the contents of the document, unless they know that the contents are false.
CA 2007 Notary Handbook: Page 11; Second Paragraph, "The completion of a certificate of acknowledgment that contains statements that the notary public knows to be false not only may cause the notary public to be liable for civil penalties and administrative action, but is also a criminal offense."
Government Code § 8214.1. Grounds for refusal, revocation or suspension of commission - (l) Execution of any certificate as a notary public containing a statement known to the notary public to be false.
Terri
Lancaster, CA
| Reply by noteclub/MD on 11/27/07 5:31pm
Msg #223198
Re: Does anyone know about this form? It bears repeating!!
Here Here!
| Reply by Susan Fischer on 11/28/07 1:37am
Msg #223305
Or rather, Hear, hear! Those pesky homonyms... n/m
| Reply by Rachel/ORWA on 11/28/07 11:30am
Msg #223356
I thought about it, Susan, but refrained...
I see you couldn't resist!
| Reply by Susan Fischer on 11/28/07 4:55pm
Msg #223407
Sorry, it just came out... n/m
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