Posted by BarbaraL_CA on 11/2/09 2:14pm
Msg #309566

Need info re: Notary Protest in California

Has anyone ever performed a Notary Protest (presentment) in California? I've read CA Handbook which basically defines a protest but does not outline the steps that need to be taken. I'd be interested in hearing from someone who has actually done one and try to understand just what is involved.

Reply by jba/fl on 11/2/09 2:41pm
Msg #309569

Orange search button will give lots of past discussions n/m

Reply by BarbaraL_CA on 11/2/09 9:55pm
Msg #309614

I did... but ...

has anyone actually done a protest?

There is a lot of discussion, and it's interesting, but who has done one?

Reply by Jim/AL on 11/3/09 9:08am
Msg #309636

I have done one, but not in CA. n/m

Reply by Laura_V on 11/3/09 1:09pm
Msg #309663

See 33325 near bottom. I added a short primer. n/m

Reply by Linda_H/FL on 11/3/09 1:46pm
Msg #309668

Laura, you may want to amend your post...

you state it's forbidden in CA, however it IS an authorized duty in CA...from the handbook:

GOVERNMENT CODE
Notaries Public
(Chapter 3, Division 1, Title 2)

§ 8205. Duties
(a) It is the duty of a notary public, when requested:
(1) To demand acceptance and payment of foreign and inland bills of exchange, or promissory
notes, to protest them for nonacceptance and nonpayment, and, with regard only to the
nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by notaries.

Reply by BarbaraL_CA on 11/3/09 5:07pm
Msg #309678

Response from CA n/m

Reply by BarbaraL_CA on 11/3/09 5:09pm
Msg #309679

Response from CA SOS on Protests

from [e-mail address] <[e-mail address]>
date Tue, Nov 3, 2009 at 2:35 PM
subject RE: Protest Request

Dear Ms. Link:

Thank you for contacting our office with regard to protests.

Although protests are found in Government Code section 8205, the code specifically refers to acceptance and payment of foreign bills of exchange or promissory notes.

Our office strongly recommends notaries public who are not attorneys should engage in such complicated procedures only under the specific direction of an attorney.

Sincerely,
Notary Public Section

Reply by Katie family name Lee on 2/11/10 8:27pm
Msg #322480

Re: Response from CA SOS on Protests

That is so absurd. All you are is a 3rd party witness through the interactions. You are more than capable of being an escrow agent as well. And if anyone has worked with mortgage companies they know what I am talking about. Ignorance of the Law is no excuse. You must remember that by Law you are required to perform a fiduciary duty. And if you do not perform that fiduciary duty that is an act of concealment which is punishable by law, because now you just became unfit for your job. So if it were me, and mind you I already know the process, I would tell the person, I do not know much about this and would you mind giving me information to learn and I will do the same and then I will see what I can do for you? NOW, you did not tell this person you would do it but most importantly you did not tell him you would not do it. The problem with the knowledge of someone knowing how to do a presentment, means they are very smart with law and they also know how to put even you in a default and liquidate your bond. They are smarter than lawyers and smarter than Judges. So learn from them and what they can teach you. They might even get your house or car paid off for you just for helping them. Not to mention you make a lot of FRNs.