Posted by Chris_in_CA on 10/1/08 12:37pm
Msg #265998

Bankruptcy Hearing Via Phone

Hi, all! I have a job to do in a few hours and wondering if any of you have been called to do something like this. There is a gentleman in a hospital who is filing bankruptcy (we are in CA), but as he is hospitalized, they are doing his hearing via phone. They called me because they need a notary to come in and verify his identity and SSN. I've never had a job like this and want to make sure that any old notary can do it. Apparantly the guys ID is expired but they said they can/will have two credible witnesses available. I'm just feeling a little jittery because I've never taken a call like this and am wondering how this sort of thing goes.

Any info would be MUCH appreciated!

THANKS!
Chris

Reply by Lee/AR on 10/1/08 12:42pm
Msg #266000

Usually pretty fast & easy....but don't assume that. You ID, get journal completed BEFORE the call comes. You usually have to say who you are & that you've ID'd the person, swear them in---and leave. But, sometimes, it seems you know more about this than they do as I've had 'em jump right into statements & questions WITHOUT me swearing 'em in or saying I've ID'd them. Be on your toes & don't be afraid to 'get it right'. Even if they are judges, lawyers, etc. People do have to be ID'd & sworn in BEFORE the rest happens. Good luck!

Reply by Chris_in_CA on 10/1/08 12:50pm
Msg #266001

Thank you so much, Lee! I'm sure it'll be fine, just nervous. I usually do loan docs. I even called a notary support number and I still didn't feel a whole lot better...

Chris

Reply by Helen Gill on 10/1/08 1:30pm
Msg #266002

I've never experienced this situation but would advise you to be totally careful because you really do not know who is at the other end of that call (honestly). I know family members who have experienced filing bankruptcy and if this person is hospitalized why can't the court order a televised hearing. I'm not sure if you should jeopardize yourself by conducting a notarization simply by telephone hearing. What verification and proof do you have that the persons on the other end are actually attorneys or a judge?

Reply by Carolyn Bodley on 10/1/08 1:37pm
Msg #266004

Re: Bankruptcy Hearing Via Phone-Helen

*What verification and proof do you have that the persons on the other end are actually attorneys or a judge?*

You haven't been around the legal arena, have you? Telephonic hearings are common.

Reply by Helen Gill on 10/1/08 1:39pm
Msg #266005

Re: Bankruptcy Hearing Via Phone-Helen

Hi Carolyn, no actually I wasn't aware of telephonic hearings that is why I made the comment. Thank you for clarifying that because it's helpful. Have a blessed day!

Reply by Hasina Baker on 10/1/08 3:46pm
Msg #266015

Re: Bankruptcy Hearing Via Phone-Helen

I completely understand your problem. You could have used a video phone for all of that. I have two they work great. Best part is taking them with you where ever you go. Soon they will be more wide spread and everyone will have one but for now looks like others have answered you correctly.

Reply by Tony_FL on 10/1/08 1:40pm
Msg #266006

I WISH Notaries would STOP

butting into other peoples business! It is NONE of OUR business what goes on with a phone call, document, etc.

We are there to properly IDENTIFY a person, acknowledge a document and/or perform an oath. THAT IS IT! It is none of our business why people are executing documents, taking phone calls, etc.

As long as you do your job responsibly, you have nothing to worry about.

This person is not signing a POA, Will, Deed, or any other kind of document. They are simply being identified (by credible witnesses) and put under oath. THAT'S IT! Do the job, get paid and leave. Then let them go on about their private business that is NO BUSINESS of YOURS!

Reply by LKT/CA on 10/1/08 5:42pm
Msg #266024

Re: I WISH Notaries would STOP

Tony, I am one of those people that most times want to know the "why" of something out of curiosity. I frustrated my mom when I was a teenager because anytime she tell me something, I'd ask why....not to challenge her authority but because I was inquisitive.

A lot of the stuff associated with being a Notary is interesting in spite of it being "none of our business". I like reading Paw's responses because he usually explains the "why" of it.

Food for thought.

Reply by PAW on 10/1/08 8:23pm
Msg #266043

Re: I WISH Notaries would STOP

Thank you, Lisa. I, like you, am not personally satisfied with a simple "because that's the way it is" answer. I like to know the how's and why's reasoning too. I guess that's why I always try to 'explain' my answers. It's one of my personality traits.

Reply by Sylvia_FL on 10/1/08 8:44pm
Msg #266049

Re: I WISH Notaries would STOP

"It's one of my personality traits"

Hmm, I am NOT going there LOL

Reply by Ernest__CT on 10/2/08 3:07pm
Msg #266124

IDing and swearing in are common.

It never matters who is on the other end of the phone. The whole phone conversation is irrelevant. You ID the witness, give the oath (some judges want to actually _hear_ you administrer the oath, others take your word), introduce yourself when the call comes in (seldom, if ever, does the witness call the court), and _leave_. Do not hang around to hear the testimony. It's none of our business.