Posted by Bob_Chicago on 7/11/11 10:47am
Msg #389299

Musings on GNW, "Public Official" and "Tips" First a

disclosure, as I have stated here before, I do not market General Notary Work services,
and , generally only accept GNW only on a pro bono basis. Illinois allows a $1 charge.
This post is NOT directed a any particular notroters.
We, as notaries, clearly derive our authority to perform notary work from our respective states, and are, or course, bound by our state's laws. As such, we can be deemed to be "public officials"
(Some here, our so impressed to be known as a public offical, that I would not be surprised if they used the title as a pick up line in bars. LOL)
Some have reported that they have performed late nite, far distance, risky, etc, etc, GNW
after the proposed signer has offered them compensation, well in excess of their state's permitted NP charges, as a "tip", (excess travel fee, late hour bonus, dangerous area compensation, etc,etc) to do the notarizaion, when the the signer is in a bind and needed the notary services "right now"
Not to accuse anyone of wrongdoing, but I am not sure if the differs from offering ( or soliciting) a tip to a police officer during a traffic stop, a DMV employee renewing a drivers license, a meter-maid writing a ticket, a city garbage truck driver picking up an old refrigerator, etc, etc.
We are given a commision and therefore , an exclusive right to offer a needed service to the public. We are told the maximum amount that we may charge for such service. We are told tha manner in whch may render such service ( Type of acceptable ID, form of acknowledgement, etc. etc. ) Is it proper to accept ( or require) compensaton in excess of amount allowed as a conditon of providing our GNW services to the public??
Welcome your comments, and , again , this is NOT directed any any particular NOTROTERS

Reply by Linda_H/FL on 7/11/11 11:08am
Msg #389301

If a particular state allows it and does not preclude it

charges/compensation for travel are not wrong. We, here in FL, are allowed to charge travel fees, which must be disclosed to the requesting party up front...

I don't see the issue with any monies paid by the signer over and above the agreed upon fees - as long as that excess money (the "tip", if you will) is recorded and disclosed as non-exempt income at the end of the year. I have been given, and accepted, additional monies, but ALL amounts paid are accounted for and reported.

JMO

Reply by Notarysigner on 7/11/11 11:10am
Msg #389302

Glad you brought it up Bob and I am addressing your post because I am "guilty" of accepting tips (which my Notary handbook does not reference at all using Acrobat reader full search option). Although money is the usual way of tipping, it is not the only way people tip. When I owned a bar I use to as the beat policeman to come in and have a soda or sandwich. I wanted to show police presence at my bar and I got it so that was one way policeman accept "tips".
I preformed GNW for six Doctors recently and they not only paid me my "non-discounted" notary fee, they thanked me and gave me a monetary gift as well as a free parking pass for the lot I had to use. I did not ask for a tip, they gave it to me and I accepted it. Just like I would accept a glass of water if offered.
Lastly, the two old sisters who tipped me could NOT find any OTHER "Public Officials" to help them. Tipping me was their way of saying thanks for responding when no one else would.
Here in California, tipping is the most common way of saying thanks for a job well done. You never tip tomorrow for a job done "right now", it just doesn't work like that. If fact, most people here will take offense if you refuse a tip.
I certainly hope others will chime in to your post, keep it civil because I would also like to know what they think. Thanks Bob for bringing it up!

Reply by Marian_in_CA on 7/11/11 11:16am
Msg #389304

Well, I an only speak for my state, which allows up to $10 a signature. I sometimes the $10 fee and only charge for "Mobile Service" -- that's a convenience to THEM and they should be expected to pay for it. In fact, on my receipts, I distinctly separate these two charges.

I also openly tell people before I commit that they can avoid the mobile service charges by going directly to a Notary themselves... and I give them places they can go. Quite often, I'm told that it's easier and cheaper for me to come to them that for them to get out. That includes times, gas, sometimes taking off from work, etc. Taking time off of work is a big one...as is those who stay at home all day with children. The hassle of leaving is iftem more trouble than it's worth. That's very true for out where I live... where the nearest walk-in notary can be difficult or impossible to find...and it involves about 45 minutes or more of driving to a larger town to find one available in their office. Don't get me wrong... in my little town, there is an insurance guy that has walk-in service... but I've been told on many occasions that he's a part-timer and his office is often closed when they go there. Oddly enough, a lot of people end up going to City Hall looking for a notary...which is how they find me, because they are directed to a bulletin board with my flyer.

The nature of the job of a Notary does not include travel. For police, that's part of their job. And I don't know about where you live, but if I call the sanitation people to pick up something extra... I'm paying for it... unless it's part of the things where they allow up to 2-3 buy items per year. But that's part of their job and they offer that with the fees I've already paid them. Meter maids? Part of their job and, like police, their salaries are paid by tax payers.

In CA, there is a program for DMV workers to travel to the elderly/ill ... but you know what? That's a service they offer and that person's time is paid for by the DMV, and thus our tax dollars.

As a Notary, we are INDEPENDENT and we are not paid a salary or through tax dollars. In CA, in fact, we have to spend several hundred dollars every four years just to obtain our commission. Nobody is footing that bill for us... unless it's an employer/employee thing, and there are a few provisions for that.

Mobile notary service is not inherent or expected by the general public. The up to $10 fee only applies to services rendered in person. I can only speak for CA... but here mobile service is not a notarial act or fee, it's a service offering as a private business owner and we are perfectly allowed to charge for it.

It's similar to those that do livescan fingerprinting. There's a base fee that goes to the state and/or the FBI... but beyond that, the provider can charge whatever rolling fees that want to cover their costs of operating, and that includes mobile services.

Like I said, I always give those calling me an opportunity to go elsewhere for less, so that they know the mobile service is a luxury and not a requirement.

Reply by Linda Juenger on 7/11/11 11:24am
Msg #389305

I understand totally what you are saying and agree to some extent. This is my policy re: GNW. If I get called in my own town, which is pretty small, I hardly ever charge that measly buck. I honestly feel bad taking it. I have notarized for free more times than I can count. There was one case where it was a divorce (very civil) and there were about 15 pages. We discussed fee when he called me and I honestly told him I would leave that up to them and if they couldn't afford to pay me, that was ok and that I really could only charge $1. When we were finished, they both handed me a $20 and insisted that I take it, which after refusing a couple times, finally took it. They were thrilled that they could get divorced for $20.

But, if I am called to another town and have to drive some miles to do it, then I feel I have the right to recoup my expenses (gas). We discuss fees when called and most of the time they are very happy with a $1 per mile. I also give them the choice of finding someone closer and suggest their bank, accountants office etc.

I also got called some time ago late at night and the guy just had to have something notarized for court at 9am the next morning (nothing like waiting till the last min). He came to me and threw a $50 on the kitchen table when we were finished. I did not "charge" that, it was his doing. If you remember the story about this, he owned a strip club and came all dressed up, fancy clothes, jewlery, car. I got paid to get OUT of bed and GET dressed instead of getting in bed and undressed. lol Why shouldn't I (we) accept what is offered to us? I did that guy a favor and not that he should pay for it, but he should pay for it. If he would have asked what I charge, I would have said $1 but probably wouldn't have even taken it.

Yes, we are public officials, commissioned by our state. The other public officials you mention (police, dmv employee, garbage man) are PAID employees with taxes taken out of their checks, pensions, vacations etc etc. Yes, they each have a "service" they perform as we do and I don't consider them "public officials". I don't feel that we should "lose" money or "cost" us money to perform a service to them. It costs us everytime we start our car, to keep our ins, to get bonded, etc etc. A reasonable travel fee to me seems very appropriate. Surely you wouldn't drive all the way down the state of IL to notarize something as I wouldn't drive to you in Chi town to do it either, without some kind of compensation for our expenses. Far reach here.
JMO

Reply by FlaNotary2 on 7/11/11 11:39am
Msg #389307

The bottom line - a notary is a PUBLIC official (Long...)

I compare notaries to judges and court clerks - judges and court clerks work in the courthouse. They typically do not offer their services outside normal working hours at the courthouse. Notaries can provide SOME of the same services. For example, in Florida, judges, court clerks, and notaries have several things in common: we can all take acknowledgments, we can all administer oaths, and we can all solemnize marriage.

The problem is, the majority of the public can not find the time in their average day to go downtown, find a parking space, and stand in line (a nightmare in itself), to have their documents notarized or marriages solemnized. Hence, the need for notaries to act as officers of the state and perform these official duties on behalf of the state as a convenience for the public.

Even though these duties are public services, notaries are authorized to charge fees for these services - just like the court clerks. In Florida, a notary can charge $10 for a notarization, and a court clerk can charge $3. Why the difference in fees? Possibly because notaries have more liability because they are independent officials rather than deputies working on behalf of one elected official (the Clerk of Circuit Court). When a deputy clerk notarizes, the liability is not on that one particular deputy clerk - because the deputy clerk is merely a substitute for the elected clerk. Regardless of which one out of hundreds of deputy clerks notarizes your document, the CLERK is responsible - not the deputy.

Do I charge travel fees when it is warranted? Yes, because our handbook states we are allowed to charge travel fees *IF* we travel. If I don't have to travel (and I always offer a "you come to me" option to potential clients), I charge the $10 notarization fee, and/or $30 marriage fee, as allowed by law.

I got a lot of slack last week for claiming that every notary should have a neutral place where they will perform notarial acts without a travel fee. I stand by that statement. We are PUBLIC OFFICIALS, first and foremost, (and, while I know your little comment was directed towards me, Bob, I do not use this as a pick up line at bars), and we are to make our services reasonably available to the public. Our handbook in Florida provides us with numerous reasons we can refuse a request for notarization, and among these are that it is after the notary's normal business hours.

Yes, notaries can set business hours. Just like judges and court clerks typically do not work after 5:00. Personally, my business hours are by appointment. I have performed weddings in my office at 10:00 at night. My office is 3 minutes away from my home and therefore, I have the flexibility to schedule office appointments at any time that is mutually convenient for myself and the party/ies requiring a notarial service. I KNOW people will not like what I am about to say - but I think it adds a little more respect and dignity to the office of Notary Public if the services are offered in a brick-and-mortar office.

A popular phrase on this forum is "independent contractor". When I think of an independent contractor I think of an air conditioning repairman or maybe a midwife - someone who provides freelance services. Notary services are not "freelance". We are working on behalf of the state.

I think above all else notaries need to learn to respect themselves. It sickens me how so many people on this board have been degraded and disrespected by these ridiculous signing services - THEY should be respecting the notary. Instead, they don't think jack squat about notaries. They think WE work for THEM. I answer to the state - not a signing service, not a title company, and not an attorney.

Reply by FlaNotary2 on 7/11/11 11:43am
Msg #389309

Also, I agree with Linda

Police officers and DMV workers are paid employees. We are not.

Reply by Stephanie Santiago on 7/11/11 12:16pm
Msg #389310

I am an Independent Contractor commissioned by the State of

California. I work on behalf of myself, not on behalf of the state.
I just had to clear that up.

Stephanie

Reply by FlaNotary2 on 7/11/11 12:22pm
Msg #389311

Really? I would like to see a copy of the document which

commissioned you as an indepedent contractor?

Reply by Stephanie Santiago on 7/11/11 12:26pm
Msg #389313

I am commissioned by the state of California as a Notary

Public and I chose to freelance my services since I am not a salary employee.
Yes, really.
I have a home office and I am an Independent Contractor with a service available to many Citizens.

Reply by MW/VA on 7/11/11 12:45pm
Msg #389317

I agree with your assessment of our situation, Stephanie.

Someone here gets hung up on the "public" word. All of our work is for the public, because the state requires it of them....duh!!!
The states set maximum fees for notarizations to prevent the public from being price-gouged. I always clearly state what the maximum fee is. On those rare occasions when someone offers to pay me over & above that (a tip) I do accept it. Why not? I often accommodate them on a Sunday, etc. &
provide a service they can't get elsewhere on the weekend or a holiday.
IMO there's no stretch to compare a notary to a member of the court. We don't function in that kind of a capacity. Tips in our case wouldn't constitute a bribe. It's a "thank you" from the public we serve.

Reply by FlaNotary2 on 7/11/11 12:51pm
Msg #389319

Re: I agree with your assessment of our situation, Stephanie.

>>>IMO there's no stretch to compare a notary to a member of the court. We don't function in that kind of a capacity.<<<

So, is there any substantial difference between the way a judge takes an acknowledgment and the way a notary takes an acknowledgment?

An acknowledgment is an acknowledgment, an oath is an oath, and a marriage is a marriage - I think we are functioning in exactly that kind of a capacity.

But, I guess some holders of this position think more highly of themselves than others.

Reply by Stephanie Santiago on 7/11/11 12:27pm
Msg #389314

Yes, Really. n/m

Reply by FlaNotary2 on 7/11/11 12:35pm
Msg #389315

I asked if you had been commissioned as an

Independent Contractor. You said "Yes, really". Therefore, please post a copy of said commission.

I believe you are commissioned as a "Notary ... *****PUBLIC*****". The point of the office of Notary Public is to serve the public - do you at least agree with that statement?

Reply by MW/VA on 7/11/11 12:50pm
Msg #389318

Right now, the phrase "public nuisance" comes to mind. This

forum is for DISCUSSIONS! IMO it's rude & out of line to keep attaching someone else's point of view. We don't need you to appoint yourself judge here, Robert!!!!!

Reply by FlaNotary2 on 7/11/11 12:52pm
Msg #389321

Geez louise ... this is a debate thread for crying out loud.

Stephanie said she was commissioned as an Independent Contractor, which is 100% inaccurate. It's OK for everyone to attack me, but not OK for me to challenge someone else's position?

Reply by MW/VA on 7/11/11 12:56pm
Msg #389322

In theory she is correct. We are not employees of the state

We pay all our own expenses, including stamps, seals, etc. We pay taxes to the state & federal govs. on our income. I am set up as a business (LLC, even) and I run the show, following state law to the letter, of course.

Reply by Stephanie Santiago on 7/11/11 1:39pm
Msg #389331

Re: I asked if you had been commissioned as an

A popular phrase on this forum is "independent contractor". When I think of an independent contractor I think of an air conditioning repairman or maybe a midwife - someone who provides freelance services. Notary services are not "freelance". We are working on behalf of the state.
This was your comment about Independent Contractors, you do not think a Notary Public is an Independent Contractor.
No one is commissioned by the strate as an Independent Contractor; I am commissioned as a Notary Public, but because I am not a state paid (Salaried employee), I freelance as an Independent Contractor.

Reply by Susan Fischer on 7/12/11 12:33am
Msg #389431

We are not commissioned to be Indep Contr's - we are

commissioned as Notaries Public, which, bestow upon us certain duties as bona-fide officers of the State. Our seals are prima facie proof of such duties, backed up by our Constitutional Comity clause.

The issue of Ind. Contr's is another story, tied to both the IRS and state law regarding employment.

We do not work on behalf of the state, we work under the auspises of our respective states as Notaies.

What worries me, is when one state passes a Notarial law that flies in the face of generally accepted requirements - like "personally appeared" - in other states, how is that conflict resolved?

I'm in the camp that would like to see a Uniform Notaries Public Code for that reason, among others.

Reply by Marian_in_CA on 7/11/11 1:00pm
Msg #389324

Re: The bottom line - a notary is a PUBLIC official (Long...)

"I got a lot of slack last week for claiming that every notary should have a neutral place where they will perform notarial acts without a travel fee."

That's not always possible. In CA we are allowed to run our Notary business from our homes... but often the city we live in prohibits public visits to home-based businesses. Mine is one of those. In fact, I'm a home-based/mobile business and my city just instituted (as of July 1st) a new law requiring mobile businesses to display a business license decal on the rear window of our car. Other businesses have to display it on the front door. However, they strictly forbid foot traffic to my home for business purposes -- not that I'd allow it anyway.

I had to negotiate with some business owners to allow me to use their space when needed... but it isn't required of us.

And, yes... many of us ARE freelance individuals. A "freelancer" is anyone who sells their services independent of an employer. That includes small business owners who offer their services to the public for one-off jobs or projects. Independent contract and freelancer are really the same thing.

Reply by FlaNotary2 on 7/11/11 1:10pm
Msg #389328

Re: The bottom line - a notary is a PUBLIC official (Long...)

I'm not saying that this "neutral place" has to be a home - it can be a Starbucks, McDonalds, Public Library, etc. I know James offers free notarizations at a senior home. Even if it is once a month, every notary should have one neutral place IMO.

Reply by NJDiva on 7/11/11 9:25pm
Msg #389416

The bottom line - a notary is a PUBLIC official

First of all, I pay the state of NJ $25 to be a Commissioned Notary for the State of NJ. I pay for E&O insurance, my notary supplies, i.e., stamp, certificates, pens, briefcase, etc. etc. etc.

I am all about philanthropic ventures. But I did not become a Notary Public to serve in a Philanthropic position. I PAID to become a "Public Official". No one's paid ANYTHING for me. For what reason would I put out so much money to serve in that capacity if I didn't plan on utilizing it for both the people I SERVE and for myself as a means of income?????

I really could care less WHAT other people's motives for becoming a "Public Official" (it sounds soooo important when put like that-whoopdidoo!!! Makes me think of that self importance comment from earlier) All I know is that NO ONE has any place to tell me WHAT I should be doing to full fill my public responsibilities, nor HOW I should be demographically positioned if I am following the responsibilities that the State of NJ tells me I must follow.

How dare anyone push their ignorant (IN MY OPINION) perceptions of what THEIR idea of a "Notary Public" is or ISN'T, where we should do our notarizations, HOW we should do our notarizations, in what capacity...blah, blah, blah, blah, blah

This isn't freakin law school where we have to DEBATE frkn nonsense opinion or beliefs about running a business and how we choose to do so.

Robert, you whine about how you get attacked and what a victim you are. You set yourself UP to be a victim. You talk so much CRAP with your debating BS, that people just want to cram a sock in your mouth. UUUUUGH!!! Stop putting yourself in victimizing positions and no one will victimize you!!!! Stop talking like you're a Supreme Court Judge and you won't be victimized!!!

I disagree with having a brick and mortar office where someone should have to pay to make their time and services available. WTF are YOU????? I resent the fact that you have the audacity to force those opinions on others. What? Do you think because you're an "expert" and a "notary trainer" for the State of FL that that gives you the "right" to act as a "judge"? IN MY OPINION, that's what it sounds like to me.

Not that I really care but I'm just wondering, where is your "brick-and-mortar office"? Do you pay rent, or any kind of overhead whatsoever for that "brick-and-mortar office"? Who pays for your commission? What kind of overhead DO you have to maintain your Notary Commission?

I really wanted to come from a loving place, but I'm tired of gagging when I read the BS and keeping it all to myself. This time I'm throwing up on you!

Reply by NJDiva on 7/12/11 9:07pm
Msg #389536

Sorry for subjecting you all to my *** moment...

I've taken some Midol and feel a bit better now! lol

Reply by BrendaTx on 7/11/11 10:49pm
Msg #389425

Re: The bottom line - a notary is a PUBLIC official (Long...)

*(and, while I know your little comment was directed towards me, Bob, I do not use this as a pick up line at bars), *

That's just crazy. I am almost certain that it was directed toward me.

Reply by NJDiva on 7/11/11 11:12pm
Msg #389428

If the shoe fits...

You're such a narcissist Brenda! lol

Reply by BrendaTx on 7/13/11 8:49am
Msg #389560

Narcissist is an abused word...made ugly by all those ...

..crazy empathetic people out there who don't realize that narcissists are the top experts on every thing. So, let's don't say "narcissist"...

Let's just say that it is ALWAYS about ME....and if it is not about me I will make it about me because it SHOULD be about ME. (Hey, just because I don't think that they are talking about me doesn't mean that they aren't so I always do.)

Reply by Notarysigner on 7/11/11 12:52pm
Msg #389320

I would like to hear more posters responding to "BOB'S" post n/m

Reply by MW/VA on 7/11/11 12:58pm
Msg #389323

I did, as part of my reply to Stephanie above. I think this

is a good topic for discussion. :-)

Reply by Notarysigner on 7/11/11 1:01pm
Msg #389325

Re: I did, as part of my reply to Stephanie above. I think this

Yes, I'm enjoying it if we can just stay on topic!

Reply by jnew on 7/11/11 1:42pm
Msg #389332

Re: I did, as part of my reply to Stephanie above. I think this

There is a definite difference between a government official who operates within the purview of a municipal or state government. I don't think that a notary public would offer any service on behalf of the government. The commission is nothing more than a license to operate within the state and offer services to the public, but not on behalf of the government. I would not consider a member of the public who is appointed to a public commission or panel to be a government official either. If charging or receiving remuneration for anything exceeding the statutory notary fees is considered a violation, would it not be true that performing any job which included a notarization would be a violation of the statute. By an extension of the poster's theory, we are all violating the law by charging for trip fees, paper, toner, gasoline etc. I would hesitate to consider taking a gratuity a severe violation of the public trust. I doubt that anyone outside of this forum would even consider the matter.

Reply by Stephanie Santiago on 7/11/11 1:45pm
Msg #389334

Well put jnew n/m

Reply by FlaNotary2 on 7/11/11 2:10pm
Msg #389340

I disagree. I believe that we are acting on behalf of the

state as a convenience to the public.

>>>The commission is nothing more than a license to operate within the state and offer services to the public, but not on behalf of the government.<<<

Not true, at least in Florida. A commission is a document in which the Governor is essentially directing you to perform certain duties. Notaries receive commissions, just like JUDGES receive commissions.

Reply by Marian_in_CA on 7/11/11 2:11pm
Msg #389341

Re: I did, as part of my reply to Stephanie above. I think this

"The commission is nothing more than a license to operate within the state and offer services to the public, but not on behalf of the government."

Well, that's not entirely true. A license and a commission are actually completely different. A license is permission to operate to do something. A commission is that PLUS an additional responsibility of some kind.

In the case of California (and I assume other places) our commission is issued as we take an oath to serve the State is a specific capacity. Under that... yes, we are publiv officials and have a public mandate to act in a specific way.

HOWEVER... it doesn't apply to our private business dealings outside the scope of our duties. Charging mobile service fees, for examples, are just that -- private business dealings -- and completely separate from the actual notarial act.

That's why I've always been so vocal about making sure your invoices are detailed out. Each and every notarial act should be distinguished from other fees --- even if you don't actually send the invoice to anyone... you need to keep an accurate record of public record issues (notarial acts) vs. private business charges (printing, travel, etc.)

Reply by FlaNotary2 on 7/11/11 2:22pm
Msg #389344

Completely agree

In my classes I always emphasize that a written invoice be provided - separating the notarization fees from any additional fees.

Reply by jnew on 7/11/11 2:33pm
Msg #389349

Re: I did, as part of my reply to Stephanie above. I think this

There is a definite difference between a commission and a license. However, all commissions are not necesarily appointments to represent the official interests of the government that grants the commission. In practice, the commission is more similar to a license, than say, an appointment as a deputy county clerk. The latter functions as a direct representative of a governmental body and has public duties that far outnumber the singular act of notarizing a document. Our commission authorizes us to operate in a certain fashion by being given duties which are commonly accepted as valid by the public. I can't speak for other states but there is nothing in my state statutes which even implies that a notary is a government official. I think the inference that a county clerk or judge can notarize signature and a notary public can do likewise somehow creates an equivalency is fallacious.

Reply by Marian_in_CA on 7/11/11 2:46pm
Msg #389353

Re: I did, as part of my reply to Stephanie above. I think this

"I can't speak for other states but there is nothing in my state statutes which even implies that a notary is a government official."


In California, it's noted on the first page of our handbook:

"A notary public is a public official who performs invaluable services for the legal, business, financial, and real estate communities."


There are some states who issue "Notary Licenses" rather than commissions, or they use the term interchangeably, which I think really confuses people.

Reply by jnew on 7/11/11 3:25pm
Msg #389370

Re: I did, as part of my reply to Stephanie above. I think this

"A notary public is a public official who performs invaluable services for the legal, business, financial, and real estate communities."

I would not differ with this statement. My point was that a public official and a government official are quite distinct. I would think that notaries public who perceive that they are government officials might have an exaggerated view of their own importance. No one outside of the notary "profession" would seriously take that view.

If one thinks that he or she is a government official the best thing to do is get out the phone book or webpage for each governmental organization. If one can't find his or her name there, one could conclude that he or she is not a government official.

I guess I am just going to have to differ on this. I certainly would not want to demean any notary public on this forum based on this argument. I think that most other occupations would be enhanced if workers thought as well of themselves.

Reply by NJDiva on 7/11/11 6:10pm
Msg #389390

lol, this sounds like someone I know...lmao

"I would think that notaries public who perceive that they are government officials might have an exaggerated view of their own importance."

I like that...exaggerated view of their own importance...lmao

Reply by Buddy Young on 7/11/11 3:02pm
Msg #389357

Re: I did, as part of my reply to Stephanie above. I think this

Well said Marian

Reply by Buddy Young on 7/11/11 2:59pm
Msg #389356

offering money to a police officer or a meter mail writing you a parking ticket is not a tip, it's a bribe!!!!!

Reply by rengel/CA on 7/11/11 4:54pm
Msg #389385

As I've said many time before...

Until the States start respecting the commission of notaries public no one else will.

How many times have we seen incompetence, fraud and other illegal actions committed by notaries public and the Secretary of State does nothing?

In many states the only prerequesite for obtaining a commission is that you are breathing! How respectful is that?

Even in California where you need to take a test, there are more incompetent notaries public than competent ones.

And, it takes so much more to become a judge than a notary public. How many years did you attend college to get your commission? How many years did you attend law school/notary public school to get your commission? How many hours/days did they give you to complete the notary public exam? How many years were you mandated to be a practicing attorney before you could be appointed a seat on the bench? Were you appointed by the Governor of your state as Notary public? Were you voted by the people of your state to notary public? Please quit comparing a notary public commission to a judgeship.


My .02

Reply by FlaNotary2 on 7/11/11 6:14pm
Msg #389392

Re: As I've said many time before...

>>>Were you appointed by the Governor of your state as Notary public?<<<

Yes, actually; hence the basis for my comparison.

Notaries in Florida ARE appointed by the governor, just like judges.

Reply by rengel/CA on 7/11/11 7:00pm
Msg #389399

Re: As I've said many time before...

"Notaries in Florida ARE appointed by the governor, just like judges."

No, not exactly -Judges go through a rigorous process to get appointed to the bench. It is very political and includes many steps, including an extensive interview with the Judicial Nominations Committee. And - there has to be an opening on the bench - there is no limit to the number of NP's that are appointed.

Go tell a judge that your notary public commission is on par with their seat on the bench. See how long it takes for them to get up off the floor laughing their hind end off.

My .02

Reply by NJDiva on 7/11/11 7:16pm
Msg #389400

I love your .02 Rengel!!! :)

But I think in today's market it's worth at least .10...lol!!

Reply by FlaNotary2 on 7/11/11 7:30pm
Msg #389402

I didn't say notaries are on par with a judicial appointment

But as far as the "public official" aspect goes - yes, we are both public officials commissioned by the governor.

Reply by JanetK_CA on 7/11/11 8:11pm
Msg #389407

Re: I didn't say notaries are on par with a judicial appointment

But notaries aren't necessarily employees paid by the state. The judge receives a paycheck while those of us who are ICs receive a fee for service only. Therein lies the most relevant difference, imo. Being in business for oneself is a whole different concept which lots of people don't quite get.

Personally, I interpret the regulations regarding notary fees (like several others who have posted here) to apply to the notarial act completed. It think it was Marian who talked about additional services we provide - like bringing our stamp to them instead of the reverse - not being addressed in our state law (at least for CA), and I agree that we are entirely within our rights to charge for those services.

Reply by Bob_Chicago on 7/11/11 6:21pm
Msg #389393

Thanks to all for your thoughtfull comments. Word to the

wise to check YOUR state's notary laws carefully, to make sure you are not in violation for
accepting or requesting additional compensation for extraordinary services.
Illinis law, is silent on the issue of ANY compensation over and above the $1 maximum. for GNW.
I choose to just not charge for it.
As to the "I'm a public official" as a pick up line , why does a cetain Fl NP think that it is about him.? But , I assume that he makes sure that his shoes fit before he wears them. Actually, someone using that lame a pick up line in a bar, better be prepared to take a LOT of cold showers.
In the interest of full disclosure, after 40+ years of a happy marriage to the same wonderful woman , I do not have a clue as to what a good pick up line WOULD be nowadays.

Reply by LKT/CA on 7/11/11 6:43pm
Msg #389397

<<<We are given a commision and therefore , an exclusive right to offer a needed service to the public. We are told the maximum amount that we may charge for such service. We are told tha manner in whch may render such service ( Type of acceptable ID, form of acknowledgement, etc. etc. ) Is it proper to accept ( or require) compensaton in excess of amount allowed as a conditon of providing our GNW services to the public??>>>

Yes, I believe it is proper to accept tips. I don't classify the travel fee as "compensation in excess of <notarization> amount allowed". The travel fee is its own beast entirely and covers our expenditures - i.e. time, gasoline, insurance, vehicle wear and tear that we would not otherwise use/lose if it were not for providing a house/office/hospital call to the customer for their convenience.

I do offer customers the option of meeting me in my area at Starbucks which is inside Vons market. Yesterday, I was notarizing for a customer and he looked around and said, "Great office!" I said, "Yes, in all of my adult years, I've never worked in a building so grand - it's conveniently located 5 minutes from my home, air conditioned, spacious, has a nice bakery, deli, cold drinks, his & hers restrooms, extended hours (5:30am - Midnight) and the best part is - it doesn't cost me a cent!" We both LOL and he tipped me $5.

I don't believe anyone here "solicits" tips. It is rare that I get tipped but nice when I graciously accept, and it's usually because I'm the only one available or willing to meet with them when they need notary service. I've actually had customers tell me they called 5 or 6 numbers before mine and I was the only one who answered the phone.

Reply by JanetK_CA on 7/11/11 8:18pm
Msg #389408

I totally agree, Lisa. (And I wish one of the grocery stores near me had a Starbucks with nice seating, etc.!)

As for the tip issue, I think it boils down to when they give it to you. If it's flashed before the job is complete, then I agree that there could be the perception of trying to influence the outcome - i.e. a bribe. However, if it's after the fact, I also interpret it as a form of expressing gratitude and I happily (and I hope graciously) accept!

Reply by Teresa/FL on 7/11/11 8:30pm
Msg #389410

I also use a local Starbucks as a convenient meeting place for general notary work, but this one is inside the Barnes & Noble that is less than a mile from my house.

I met some clients there last night to notarize some docs for a rental home they are purchasing in Hawaii. They were so grateful that I was available on a Sunday night that they gave me a $20 tip on top of the $10 per notarization that I charge. I gave them an itemized receipt for the full amount, including the tip.

Reply by NJDiva on 7/11/11 9:14pm
Msg #389414

Oh, I see...

I was wondering why in the world you would "meet" with someone at a Starbucks to have the "brick & mortar" office notarization availability when you're giving it for free, or just charging what we here in NJ would get, $2.50. In FL you get $10. It doesn't make it such an inconvenience if you're getting $10 as compared to our $2.50.

Reply by Dawn/PA on 7/12/11 11:20am
Msg #389450

We provide a service, therefore, if someone is pleased enough with our services, I see no reason not to accept a tip if offered one. Like any monies received, it should be accounted for at the end of the year.