Posted by Linda Juenger on 1/31/08 9:28pm Msg #233450
Received this e-mail. Any comments, suggetions, anything.
I did a google on this and its lots of reading which I will do. Just thought I would ask if anyone has done anything like this and what it involved. Thanks
I am looking for a notary public who will re-present documents for me as a third party witness and invite the opposing party to respond within a specific time period. Should the opposing party fail to respond offer a follow-up notice, and if no answer is still forthcoming then issue a Certificate of Dishonor.
Is this a service/procedure that you would be able to provide?
Thank you in advance for your consideration and I look forward to your reply
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Reply by Linda_H/FL on 1/31/08 9:33pm Msg #233452
This is a Bill of Protest, no?
Someone approached me last year to do that - sounded to me like you needed a background in civil law and UCC codes to be able to do this effectively. The guy explained that I would notify the party, they had a certain time to respond to me, if not I issued the notice.
Sounded like something I Didn't want to stick my nose in....JMHO...I wasn't comfortable.
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Reply by desktopfull on 1/31/08 9:38pm Msg #233457
It sounds like they need to hire a lawyer. n/m
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Reply by desktopfull on 1/31/08 9:37pm Msg #233456
What type of documents? This sounds like some type of court documents and responses. I don't understand why it would require a notary. I would try and get a lot more answers about the type of documents and what they are for first.
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Reply by Linda_H/FL on 1/31/08 9:49pm Msg #233460
See thread 185774 and search "Notarial Protest"
It's been discussed here - might get some good info ...
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Reply by Linda_H/FL on 1/31/08 9:49pm Msg #233461
See thread 185774 and search "Notarial Protest"
It's been discussed here - might get some good info ...
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Reply by Linda_H/FL on 1/31/08 9:51pm Msg #233462
Woops..sorry for double post n/m
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Reply by Gerry_VT on 1/31/08 10:09pm Msg #233466
I'm no lawyer; use my thoughts only as inspiration for your own investigation.
Tax protesters like to pluck words and phrases out of laws and regulations, and try to use them in situations where they don't apply. I believe their general strategy is to "baffle them with b___ s___." There is such a thing as a protest, although it is seldom if ever used anymore. It applies when the holder of a note presents it to the person who is supposed to pay it, and the person who is supposed to pay won't. The notary fills out a protest and provides copies to the relevant parties.
The key thing here is that protests only apply to notes, that is, a NEGOTIABLE promise to pay MONEY. Typically the tax protestors try to apply the concept of a protest in some other situation.
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Reply by Maureen_nh on 1/31/08 10:23pm Msg #233467
I am able to do this , but never have and propably never will. This is something better left to lawyers and financial institutions.
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Reply by BarbaraL_CA on 1/31/08 11:13pm Msg #233477
Might be helpful...
I realize that you are not in CA, but this is from the CA notary Handbook and is a good explanation/description.
Noting for Protest * * * (b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest shall identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties. ------------------------------------------------------------------------------ Protest of bill or note for nonacceptance or nonpayment The protest of a notary public, under his or her hand and official seal, of a bill of exchange or promissory note for nonacceptance or nonpayment, specifying any of the following is prima facie evidence of the facts recited therein: (a) The time and place of presentment. (b) The fact that presentment was made and the manner thereof. (c) The cause or reason for protesting the bill. (d) The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
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Reply by LisaWI on 2/1/08 6:58am Msg #233492
Re: Linda
I was just asked by someone to do this. After contacting my SOS, they suggested that I dont do this. Its suggested in Al Piombinos Notary handbook, that a notary not do this unless they are very versed in this area or under the guidance of a lawyer. Notaries in financial institutions can do this under the guidance of the lawyers of their institution. After doing some investigating, I found out, a company had sent the lady who contacted me, some very detailed instructions on how to proceed with this including contacting a local notary to perform this act. Explaining to her any notary could do this. A notary at a local bank had actually done the protest for her and then when she took the docs down to her local clerk of courts she was told to get a lawyer. She was very upset as she had paid this company for this DIY package, had spent hours on doing what they told her, and then was denied the filing of the papers at the clerk of courts office. She had contacted me to ask questions on this procedure and to see if I could help her. I wonder if your situation is the same company that was in my situation? If so, they are telling people any notary can do this and charging people for their direction and DIY package. If it is, maybe they need to be reported to our SOS's and the Federal Trade Commission. Email me if you wish.
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Reply by EastTxNotary on 2/1/08 8:03am Msg #233498
I received a phone call from a guy asking if I do this. It ended up being a lengthy conversation. He referred me to the www.commonlawvenue.com site, just follow to the notary public protest manual. I, too, will do some reading...just so I'll know what to say for the next call or email requesting this service.
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Reply by Linda Juenger on 2/1/08 8:43am Msg #233504
I have printed out a ton of info to dig through and read for my own benefit, but have decided to pass on this. I am not one to get involved in legal matters not concerning me or my family. I'm paying enough lawyers right now fighting 2 lawsuits over my late father-in-laws trusts. This is the last thing I want to get involved in right now. Thanks all for the responses and direction to websites. Appreciate it.
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Reply by Frenchie/TN on 2/1/08 1:05pm Msg #233585
I am not sure this is the same thing but I typed in "notary acceptor" in Google search. The first item is a site "webmavin" and they describe a situation similar to what is in the emails you received. They do this and they charge some pretty interesting fees....
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Reply by Ernest__CT on 2/1/08 1:42pm Msg #233607
You're a Notary Public, not an attorney. Pass. n/m
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Reply by Katie family name Lee on 2/11/10 9:59pm Msg #322500
http://notarypresenters.com/
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Reply by jba/fl on 2/11/10 10:08pm Msg #322504
Isn't this advertising? Is this your website? n/m
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Reply by Linda_H/FL on 2/12/10 8:09am Msg #322543
Yes, and a listing site in direct competition with Harry IMO n/m
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