Posted by jnew on 8/20/11 11:43am
Msg #394360

Attesting copy of DL

I had a request some time back from a man who needed a WI driver license copy attested. I told him that I don't generally do that type of work and that I was not sure that I could do it. He basically demanded that I do it, that he would come to my door on a Sunday morning and that I would attest his DL for the statutory fee of 50 cents. I wrote out the certificate from the WI website and signed and attached my seal. Yesterday in a previous post someone asked about attesting documents in Ohio, which I later saw can not be done by a notary there. I investigated the stuff online to see if I had done this properly before and one of the notary sites aid that it was prohibited by the Wisconsin DMV for a notary to attest a WI dl. Then it made a list of all the documents which you should not attest such as social security, file tax returns and others. Looking back, I think I should have stood my ground and refused to attest as requested. Does anyone on where to look to find out which documents are not to be attested? Our statutes only seem to cover publicly recorded documents and vital records. Any way you look at it, I think I blew it when I did the attestation, since I actually wrote out the certificate myself, or is that of no importance?

Reply by CopperheadVA on 8/20/11 12:58pm
Msg #394363

Here in Virginia notaries may certify a copy of a drivers license. In VA we cannot certify copies of court issued documents, or birth, death, or marriage certificates. I don't publish my home address on any of my notary listings for the precise reason that I don't want anyone showing up to my house looking for (or demanding) notary services. I only meet people by appointment at Starbucks, the library, or some other pre-arranged location. Also here in VA, we can refuse to notarize for any reason.

Reply by Linda_H/FL on 8/20/11 1:04pm
Msg #394364

" He basically demanded that I do it, that he would come to my door on a Sunday morning and that I would attest his DL for the statutory fee of 50 cent"

Wow...nervy - I'd have let him show up then called the cops since I told him I'd already told him I wasn't available...

Reply by CopperheadVA on 8/20/11 1:05pm
Msg #394365

<< one of the notary sites said that it was prohibited by the Wisconsin DMV for a notary to attest a WI dl. >>

jnew, what does your WI notary handbook say? I would go by the handbook rather than what someone said on a notary site. However, I just did a quick look and could not find a WI handbook - do they even have one?

Reply by jnew on 8/20/11 3:32pm
Msg #394375

Wisconsin's notary statutes have not changed much from the nineteenth century, hence the enormous fee we can charge per notarial act of 50 cents. Compared to states like Florida and California, the notary public is pretty much on his own to determine things which are spelled out in the states which have contemporary legislation.

Reply by sn/oh on 8/21/11 11:37pm
Msg #394447

I felt some pressure concerning certifying a note. Was told that the loan may not close if i didn't certify the note. I spent all day looking for concrete proof as to whether I should or should not. I decided to go with what I knew I could do and that was to include on that note notarial wording of their choosing. Loan companies need to understand that there is no "one size fits all".
State laws differ drastically from one state to another.

Reply by Notarysigner on 8/20/11 1:40pm
Msg #394367

Looks like they move duties to DFI


Take the test on Chap two..the answer is there FIRST QUESTION then check answer at bottom

http://dfi.nmtvault.com/TutorialToc.aspx

HOPE THIS HELPS

Reply by jnew on 8/20/11 3:28pm
Msg #394374

Re: Looks like they move duties to DFI

Not really. I am familiar with that site and it says nothing about specific documents other than vital records. My question dealt with the matter of which documents are probibited other than vital records. The same test was on the old SOS site. Answers to the test don't touch on the subject either.

Reply by Notarysigner on 8/20/11 4:05pm
Msg #394377

Re: Looks like they move duties to DFI

Well then, is a DL A vital record in Wisc?

* YOU ARE STRICTLY PROHIBITED from making copies, certified or uncertified, of "vital records", which include certificates of birth, death, divorce, annulment, marriage, etc. Never notarize photocopies of vital records that a person may bring to you. Preparing or issuing anything that carries the appearance of an original or copy of a vital record could cause you to be fined not more than $10,000, imprisoned for not more than 3 years and 6 months, or both.

* Copies of vital records are appropriately obtained from their official custodian: a state or county office of vital records, or similar government records office.

Reply by ReneeK_MI on 8/21/11 5:12am
Msg #394393

Interesting question about D/L - IMO answer is ...

...no, a D/L would not be a vital record. I could be wrong, but I can't find any evidence that a D/L fits the description.

The reason a "vital record" can't be copy-certified is because there is no possible way for a notary to perform that act properly; all vital record ORIGINALS remain on file with the appropriate state entity, and only a Certified Copy is provided to anyone by that record holder. A notary can't make a Certified Copy of a COPY - so, vital records can't be copy-certified by a notary.

While the states certainly maintain records of the information included on your D/L, there is nothing to indicate that the D/L is a COPY, and IMO it is an original 'document'.

Again, just my opinion and if anyone has found anything definitive that says otherwise, please do share!

Reply by Notarysigner on 8/21/11 8:01am
Msg #394400

Re: Interesting question about D/L - IMO answer is ...

Agree 100%...I couldn't find anything about it. I would have referred them to www.vitalchek.com