Posted by Marian_in_CA on 8/21/10 4:59pm
Msg #349922

Even the CA BOP doesn't get it...

I've been going and forth with one of the State Prisons recently. I'm not visiting there.

I notarized a statement from an individual who submitted a packet to the prison, for permission to get married. They wanted a notarized copy of her ID -- something that cannot be done in California.

So, I notarized a Copy Certification by Document Custodian -- the prison rejected it, saying that she must submit a notarized copy, certified by the notary.

UGH.

So, the lady calls me back, all mad at me, saying that the prison is telling her "people do it all the time" and that I lied to her about not being able to certify the copy. Well, despite, reading out of the handbook verbatim, she wasn't happy... slammed the phone down on me. Oh, well.... not my fault.

Now, two weeks later, she calls me back and apologizes, said that she's been trying for two weeks to get it done and nobody will do it for her. (Duh!)

So, I offer to call the people that sent her the packet...and sure enough, they act is if what I'm telling them is some brand new law. The lady said she's got files full of photocopies of IDs where the notary slapped on a jurat or an acknowledgment and notarized. I asked her, what signature were they notarizing? She said, "The one that was on the ID, guess. That's how we require it. The notary seal has to be on the same paper as the copy of the ID."

I then read to her what the law was -- that we can't certify a copy, and she said, "I don't really care, those are our requirements."

So at this point, I feel bad for this lady who is stuck between two state entities -- the State prison who will only accept a notarized copy of her ID and me, who isn't allowed to do it, by State law.

Do you think it would be inappropriate to tell her to re-do the statement she did last time? This time, instead of attaching her statement, she write it out on the photocopy itself? Then, I'd notarize her signature on the same page? It would be the same thing... just one page instead of 2.

I don't want to advise her that it will work... but it seemed the lady at the Prison said their only requirement was that the notarization be on the same page as the copy of the ID. But... while I can pass on that message, I certainly can't advise her what to do.

I kind of wish she hadn't called me back.

Reply by Glenn Strickler on 8/21/10 6:16pm
Msg #349929

That's what I did in a similar circumstance. I haven't been arrested yet. My attorney called me just to notarize something similar for one of his clients. I don't know what it was for, don't care. Just need to verify that the person was who he said he was, use my ack. stamp for the verbiage then proceed.

You are just notarizing her signature, not the photocopy. Think of all the documents that we notarize signatures on that contain other material. Pension papers for example.

Reply by JanetK_CA on 8/21/10 8:25pm
Msg #349935

That's worked for me in the past. They wrote out their statement on the same page, I added my jurat stamp (after they decided they wanted a jurat) and we got it all on the same page.

Marian, it sounds to me that the person you spoke to doesn't have a clue, doesn't care, and is just following the rules *as she understands them*, which probably significantly limits how far you could get in a discussion with her. To change something like that would probably require speaking with the person who made the rule. Also, if she has a file full of notarizations that managed to get everything on one page, she probably doesn't get the difference. How frustrating that must be!!

Reply by LKT/CA on 8/21/10 7:45pm
Msg #349931

<<<So, I notarized a Copy Certification by Document Custodian -- the prison rejected it, saying that she must submit a notarized copy, certified by the notary.>>>

What I would do is have the customer photocopy their ID <place it towards the top> and the customer write or type, "I certify that this is a true and exact copy of my original driver's license." The customer will sign and date it.

Whether or not the notarial certificate was an acknowledgment or jurat, provide the customer with that wording so she can type it on the same page too. Now she'll have the copy of her DL, her statement with HER certifying the ID, signature, date and notarial certificate, plus your signature and seal - ALL on the same page. Oh, and add a gold embossed seal on it too to give it that "official" look.

Try that....it just may work.

Reply by Marian_in_CA on 8/21/10 10:40pm
Msg #349942

Lisa, that's pretty much what I figured I would, do, as well... including the gold seal embossment.

People just love that gold seal for some reason. Some people are actually disappointed if I *don't* do it and just give the a plain black stamp. They say, "That's it? A black rubber stamp?"

For anything that might be hand written, I actually use my round purple ink seal with the gold seal embosser. That makes it look even more "official" because people are used to seeing the purple ink from the County Clerk's office... I guess it makes them feel as if I really am important or something. Plus, it's REALLY easy to tell the original vs. a copy that way.

Reply by GA/Atty on 8/21/10 8:08pm
Msg #349932

From the way it sounds, it seems to me that....

an individual could present you with a photocopy of their DL and acknowledge before you that the signature on it is in fact their own signature, and that you could then notarize the photocopy.

You are not certifying it as a true copy; you are simply stating that she appeared before you and acknowledged that the signature on the photocopy of the document was her own.

To me this is not the same as "certifying" a copy.

Reply by FlaNotary2 on 8/21/10 8:24pm
Msg #349934

Except we can only notarize ORIGINAL signatures

We can not notarize a photocopied signature from an identification card...

Reply by Marian_in_CA on 8/21/10 10:16pm
Msg #349938

Exactly... Pretty sure we can only notarize original

signatures, not copies of signatures.

Reply by GA/Atty on 8/22/10 9:28am
Msg #349967

But can't she just trace over in wet ink, I meant? n/m

Reply by Marian_in_CA on 8/21/10 10:20pm
Msg #349940

Thanks, all...

I think we she's going to do is photocopy the ID so that it's toward the top, then she's going to hand write the same wording that she used on the previous document... then I will notarize her signature below that, all of it on the same sheet of paper.

I figure that ought to satisfy them...

The weird part of it is that they don't realize that by notarizing her signature I *AM* certifying her Identity on behalf of the state, so in many ways it's the another way to skin a cat. Only, I'm doing it legally and not certifying the actual copy.

Reply by James Dawson on 8/22/10 12:58am
Msg #349953

I.D. Question was it a Cal Dr Lic? n/m

Reply by Marian_in_CA on 8/22/10 1:15am
Msg #349954

Yes, it was a California DL n/m

Reply by Glenn Strickler on 8/22/10 1:28am
Msg #349955

Why does that matter? n/m