Posted by Cari on 2/7/08 2:04pm
Msg #234490

ANYONE HAVE THIS EXPERIENCE...

I had to swear in a sheriff at a deposition this morning, and boy was his attorney a pain the a$%!

When I asked to see his clients ID, he shows me his sheriff's id. It had his picture on it but his name was not clear at all...must have been 30 yrs old! So I asked him for another ID like a DL. As he is handing his DL to me, his attorney, who is over my shoulder and near my ear, loudly objects and says by case law, he doesn't have to give me his address. So he gives me the county jail of where he works.

Startled, I swirled around and kindly replied, that I needed to verify that his client is who he says he is, write down his info in my journal and swear him in, etc.

Has ANYONE experienced this before?? I have to check my states law, but even if this guy is a sherriff, if I ask for his home address, shouldn't he give it to me for my journal entry?

What a morning! AND I have to go back tomorrow, ugh.

Reply by Pat/IL on 2/7/08 2:22pm
Msg #234493

Cari,

A journal is not a requirement in Illinois, so recording the deputy's address probably should not have been a point of concern. I think law enforcement officers and judges are fairly protective of revealing that information. And they have good reason for it.

Reply by MelissaCT on 2/7/08 2:24pm
Msg #234494

Police officers often have their precinct address listed on their drivers license -- for protection reasons. I know I wouldn't want a criminal to find my ID or steal it somehow & be able to threaten me or my family if I were a cop.

Reply by Sharon Taylor on 2/7/08 2:29pm
Msg #234495

Never record someone's address unless your state req it

Does any state require that you record the personal address of the person being ID'd in your journal?
Pat is absolutely right - law enforcement people need to be very protective of their personal information these days.
If it's a non-loan-signing notarization, in addition to the date and time, I'll record the type of ID used, the name on the ID, any ID number, what state it's from if it's a state-issued ID, but never the address on the ID. Most of the time the ID is a DL, and of course the exact title of the document being notarized, so it's pretty simple. And I'll add some notations that detail the circumstances of the notarization - where we met, who else was present and observing, anything I feel might be important if the circumstances of the signing and notarization were called into question at a later date.

Reply by Cari on 2/7/08 4:24pm
Msg #234514

Pat, I do in fact know its not a requirement to have the journal, was just wondering if anyone had this experience of irrate attorneys up in ones face before a swear in.

Reply by Pat/IL on 2/7/08 5:55pm
Msg #234527

Re: Cari, you asked a specific question

"I have to check my states law, but even if this guy is a sherriff, if I ask for his home address, shouldn't he give it to me for my journal entry?"

And I gave you a specific answer.

Reply by Glenn Strickler on 2/7/08 2:34pm
Msg #234497

I have been the person sworn in and have used my place of business. Due to the nature of the case, my home address was not on record due to threats from the other party. Before posting, I called my brother-in-law, who is a retired LAPD, and as a matter of course, their home addresses were never used and they are hidden from public record. This is especially important in an area where there is heavy gang activity and you are on the gang task force. You don't want to give the bad guy your home address. Also, by California law, records that are normally public record, such as deeds for example are locked from general access by the public so to protect the officer's address. I don't know about your Sheriff's situation but his identity should be protected as well, in my opinion.

Reply by Natalie Pott on 2/7/08 2:41pm
Msg #234502

Not to be too general, but...

I have had several experiences where the attorney has tried to belittle me. I respect attorneys just as much as I respect anyone's profession. It does make me cringe a little now when I hear an attorney will be present. Not because I fear them, it just makes me so angry when they act better than everyone else. (Not all are like that I know - I've just had some bad experiences) I usually just smile and continue my job in a very professional manner and then scream when I get in the car.

Reply by Cari on 2/7/08 4:36pm
Msg #234518

law enforcement or judges' address is not the issue here..

Thanks Natalie for your comment. Finally someone that understands.

Reply by sue_pa on 2/7/08 5:32pm
Msg #234525

that's exactly the issue

the lawyer was upset with you because you were asking for something that wasn't necessary ... another notary going overboard 'doing what's best' and not what's required by your state.

Reply by Glenn Strickler on 2/7/08 5:40pm
Msg #234526

I think the issue is that you got your feelings hurt ...

As a big a pain in the neck lawyers can be, when I have a question or need legal help, that's where I go and I have a good one.

Bottom line is that you were asking for info you did not need, and the lawyer protected his client. He hurt your feelings or made you mad in the process. Sorry about that. I notice you are from Chicago, not exactly the garden spot for a low crime rate, but I do note in the stats that I looked up, it is going down somewhat, and that is due to the work these law enforcement professionals are doing and the law protects their identity in Illinois (I looked it up) as well as California and most other states as well. And for them to do their jobs, it needs to be protected. Perhaps the lawyer's bedside manner was bad and did not explain the law to you, but it is not a matter of someone understanding that you are mad or have hurt feelings ....

Reply by CaliNotary on 2/7/08 7:19pm
Msg #234538

Re: law enforcement or judges' address is not the issue here

"Finally someone that understands."

You misspelled "agrees".

Everybody understood your question, you were obviously just looking for a specific answer and didn't really want to hear anything that wasn't that.

Reply by MikeC/NY on 2/7/08 7:45pm
Msg #234545

You're in a state that doesn't require a journal, so you have no legal standing to be recording the individual's address in the first place.

All you NEED to do is verify his identity according to state notary law - the rest of it is optional, and probably shouldn't be done if there's any resistance. It has nothing to do with the signer being a judge, a sheriff, or a street peddler - you can't expect (or demand) more than your state law requires.

Reply by tinkie on 2/7/08 7:48pm
Msg #234547

I would'nt want some worn out ol' piece of paper.....

They could come up with a DL, or I would just hit the road, and let the two "PUBLIC SERVANTS", take the old ID and 50 cents and go get a cup of coffee.

And a donut.

Reply by Maureen_nh on 2/7/08 9:18pm
Msg #234553

If the picture was very old and did not resemble the witness, you did have a right to see one that was more up to date. Then of course you do have to use your imagination as far as barbering and hair color, cuts, weight gain or loss are concerned. If in doubt ask for additional ID and a signature doesn't hurt if it can be obtained.
If the officer had his address on there and asked not to have it recorded, you shouldn't.
Yes notary journals are a good idea, but remember they are made for all states, without taking yours into consideration. Some have a place for a thumbprint--would you ask for that?
I do not think you did anything wrong, just remember your limitations as far as journals go and do not insist on anymore than you are obligated to.

Reply by Ernest__CT on 2/7/08 9:33pm
Msg #234556

A man walked into a bar, ordered a drink, and said ...

... "Lawyers are a***oles!". A fellow at the end of the bar complained "I object to that statement." "Are you a lawyer?", asked the new arrival. "No", replied the objector. "I'm an a***ole."

Reply by JK/TX on 2/7/08 10:09pm
Msg #234566

A man walked into a bar, ordered a drink, LOL I like that!! n/m

Reply by Cari on 2/8/08 7:35am
Msg #234585

thanks most of you for your comments...


great joke - sure you weren't talking about notaries LOL.