Posted by LisaWI on 11/21/07 7:39pm
Msg #222366

Notary Protest

OK folks how true is this statement and it was taken out of context: but all notaries are empowered to Protest to a foreign jurisdiction.
True or False

Reply by MikeC/NY on 11/21/07 9:08pm
Msg #222373

If you're referring to protesting non-payment of promissory notes, bills of exchange and other written obligations, this is true in NY.

I'm not sure what the exact process is, but we're only allowed to charge $.75 for the first one and $.10 for each additional one up to a max of five, so I don;t think it comes up too often...

Reply by LisaWI on 11/22/07 9:40am
Msg #222452

Re: Notary Protest-More Questions

Thanx Mike. I am researching this and finding out information about it. The process is actually quite complex. In everything that we learn about you cannot notarize outside your jurisdiction, this contradicts that I think.
Has anyone heard of an "Adminstrative Remedy" or a Judgement served by a Notary?

Reply by MikeC/NY on 11/23/07 1:15pm
Msg #222590

Re: Notary Protest-More Questions

<<In everything that we learn about you cannot notarize outside your jurisdiction, this contradicts that I think.>>

Not really - the person you are protesting FOR is in your jurisdiction. Not technically much different than notarizing a document that will be be sent to another state or a foreign country.

<<Has anyone heard of an "Adminstrative Remedy" or a Judgement served by a Notary?>>

If I remember correctly, these are an extension of the concept of notarial protest; the basic idea is that having a notary confirm the dishonoring of a bill eliminates the need to get a judgment in court. I'd have to go back and do some research, but it's one of the tactics used by "tax protesters".

Reply by bgbluocean on 3/3/09 11:27pm
Msg #279406

Re: Notary Protest-More Questions

I am not sure how someone can take the statutorily authorized authority to protest and link it to the nebulous label of "tax protesters" (whatever that is); anyway:

From what I've studied, a petitioner will petition a notary to witness the refusal or nonresponse or nonacceptance by another party. What the party is refusing, or not responding to, or not accepting is a separate issue altogether. The notary acts as an impartial witness to the parties actions and forwards any responses to the other party. The term 'battle of forms' also deals with the dishonor of a presentment.

The Uniform Commercial Code appears to deal with protests and certificates of dishonor.

What I have run across, where the protest is used, is the protest is used to present an opponent (the Libelee) with a set of stipulations backed by an affidavit subscribed and sworn by a claimant (the Libelant). From what I've read, the protest is framed in maritime arguments where hearsay is admissible because the other side has the opportunity to refute the presentment by a counter signed affidavit point-for-point with proofs of evidence contradicting the Libelant. Since failure to object is to agree (nisi prius), the set of stipulations become fact after full protest under notary seal. That's what I've read "out there" in the internet where you can believe everything you read.

I have called some notary associations all of whom claim to have no knowledge of this notary duty, which I think is odd.

If what the internet says is true, it would seem that the protest would remove the need for a lawyer to go -argue- the alleged facts since both sides end up stipulating to a set of stipulations where a summary judgement would the seem to become possible.

I'm not lawyer, this is just what my research on the issue of 'Certificates of Dishonor' have lead me to find. Here's where someone could find mention of this notary duty and UCC dishonor:
FS 673.5051(2) {florida statute}
UCC §3-501 thru 3.505 at http://www.law.cornell.edu/ucc/3/3-501.html

*The real issue is that I as a notary would not participate in the preparation of the presentments. Helping prepare the paper treads on the unlawful practice of law (jail time), in my opinion. I would have the petitioner petition me under affidavit, by another notary, where the petitioner very clearly specifies what exactly they would want me to do and that I did not hold myself out to be a lawyer nor did I participate in the preparation of the instruments presented.

{what would my liability be if I refused to carry out a legal reasonable request to perform the notary duty of protest? noone can tell me...}

Reply by Katie family name Lee on 2/11/10 10:03pm
Msg #322502

Re: Notary Protest-More Questions

There is No Liability for performing Notarial Acts. If you want more education on Administrative Remedies here is a site: http://notarypresenters.com/

Reply by Katie family name Lee on 2/11/10 9:22pm
Msg #322491

VERY TRUE! Learn what Foreign really means. Most think it is some other country and Yes you are aloud to do it for another country however it is recommended to have an apostille. Foreign can be considered the Federal Reserve Bank, someone who was born here had a ss# then decided they didn't want it and turned it back in, then they just became foreign to the US CORP. When all of us were born we were all foreign to the US CORP until our parents unwittingly signed our Birth certificates creating a CORP and using our CORP as chattel