Posted by sue_pa on 9/18/08 1:10pm
Msg #264612

Telephone oath for a hearing

I found previous threads but didn't see an answer to this. How does the judge on the other end of the telephone know that we are a notary (or someone authorized to give an oath)? I could be the lady's next door neighbor saying anything they want me to say on the phone.

I was contacted to do an oath for a child support hearing to be held via telephone. I had her look through her paperwork and she swears there is nothing there for me to sign. Even if she has something that is to be sent in, why would a judge spend the time holding a hearing that might or might not be valid dependent upon whether I'm authorized to take an oath and whether or not I'd actually fill out and return any paperwork after the fact.

Reply by MichiganAl on 9/18/08 1:17pm
Msg #264613

For the ones I've done I was contacted by the clerk who had verified my commission online through the S.O.S. website.

Reply by Becca_FL on 9/18/08 1:22pm
Msg #264615

PA is way different than FL, but I used to do these pretty often for a professional witness I knew. The judge will know you are a notary by the jurat you complete after swearing in the witness.

I have such a jurat on my website.

http://floridasnotary.com/Documents/Testimony%20Jurat.pdf

Reply by PAW on 9/18/08 1:29pm
Msg #264617

A jurat is not completed in every case. However, in FL, the judge (or attorney) at the other end of the phone can look up the commission information. I've always been required to provide my commission number for these. And in one case, I was asked for my Notary ID number (which is different than your commission number). Again, this is particular to Florida.

For out-of-state depositions, I had to fax my commission certificate to the attorney prior to the taking of the phone deposition.

Reply by sue_pa on 9/18/08 1:32pm
Msg #264618

thanks so far -

any others? I just spoke w/her again. She swears there is nothing to be signed. She doesn't appear to be a dummy. After our first conversation she called her hearing officer again to be sure. She says she was told that there is nothing to be signed and they 'sometimes' verify but not always. It just sounds to me like something is missing here.

Reply by WDMD on 9/18/08 1:45pm
Msg #264621

Re: thanks so far -

I have done a couple of these here in MD. The first time the only thing I had to do was swear the person who was giving testimony in, after the judge asking me if I was authorized to administer oaths. The second time the judge did ask me for a commission number which we do not have in MD. In both instances I never had to do anything but administer the oath to be used in this situation which can be found on page 14 paragraph 37 of the MD notary handbook.

Reply by WDMD on 9/18/08 2:00pm
Msg #264626

Re: thanks so far -

"In both instances I never had to do anything but administer the oath to be used in this situation which can be found on page 14 paragraph 37 of the MD notary handbook."

I should add to that statement that I did ID the person and had the person sign my log, but I did not have to stamp anything or send anything to the court.

Reply by aatatusko on 9/18/08 1:44pm
Msg #264620

I've never done one before, but I am scheduled for one on the 24th. The person requesting this asked me a month ago for a copy of my commission. She had to send that along with a copy of her drivers license to the court at least 3 weeks ahead of time. My question is what do others normally charge for this service? I told her it would be $25 if I only had to verify her indentity and leave. If I have to stay the entire time, I told her it would be a lot more, that I normally make $100 an hour (not that I would charge her that).

Reply by WDMD on 9/18/08 1:49pm
Msg #264623

"My question is what do others normally charge for this service? I told her it would be $25 if I only had to verify her indentity and leave. If I have to stay the entire time, I told her it would be a lot more, that I normally make $100 an hour (not that I would charge her that)."

In my instance I charged the allowable statutory fee for an original notarial act ($2). No travel charges as they came to me.

Reply by Sylvia_FL on 9/18/08 1:53pm
Msg #264625

Amy
from your VA notary handbook, you can only charge up to $5 for any notarial act. You can also charge actual travel expenses.

Reply by Michelle/AL on 9/18/08 2:22pm
Msg #264631

Nothing's Wrong

I did one recently. I didn't sign anything but I did complete an Acknowledgement that the lawyer's office sent me. I also provided my Notary Commission Number. I've checked with other notaries and the going rate is $40-50 (includes travel).

Reply by WDMD on 9/18/08 3:02pm
Msg #264641

Re: Nothing's Wrong

"I've checked with other notaries and the going rate is $40-50 (includes travel)."


MD really needs to raise the allowable fees. I'd have to travel 106 miles to be able to charge a $40 fee and 138 miles to charge $50 legally.