Posted by Lisa Cirillo on 12/5/12 3:08pm
Msg #445630

Notary Protest

I just received a call from a guy who wants me to do a Notary Protest. Honestly, I've never heard of this and so I googled it. Looks like an awful lot of work, more than I want to be involved in without knowing what I'm actually doing.

Does anyone have any experience with doing a Notary Protest? What are the ramifications of doing this? What are the costs involved? Any information would be helpful.

I'm always up for learning something new but I'm a little apprehensive. Not sure if I want to get involved.

Thanks for any help.

Reply by Bob_Chicago on 12/5/12 3:27pm
Msg #445634

Run, Forrest, run!!! Not an expert, but from what i have

heard, these are being touted on the net, as a magic way to get out of paying a debt.
Seems to be an urban nytth from what i have heard. Something like, if the Notary signs a form with orange ink under a full moon, in a month with a "K" , then you don't have to pay your mortgage.
They can sometimes, I think, be used for a legit purpose, but that now seems to be rare.
I would advise your guy that you really need to reorganize your sock drawer or your goldfish just died , and you just can't accomodate them at this time.

Reply by Pro Mobile Notary on 12/5/12 3:27pm
Msg #445635

If you accept this assignment I believe you might be required to make an appearance in court should the dispute wind up in a trial.

If you do accept the assignment you should try to make sure that the terms of your acceptance includes compensation for you if you are required to make any court appearances (billed at an hourly rate). If you do not have an agreement on fee for court appearances and your are subpenaed to appear in court you might not get paid and if you do not show up in court under that subpena you could be held in contempt of court and wind up in a world of trouble.

Reply by rolomia on 12/5/12 4:10pm
Msg #445641

Just say NO! (where have I heard THIS before? Hmmm...) n/m

Reply by MikeC/TX on 12/5/12 4:41pm
Msg #445646

There's a reason NY only allows you to charge 25 cents for a notary protest - it was used before financial institutions were regulated, and is pretty much an obsolete concept.

A TRUE notary protest involves protesting the non-payment of certain negotiable instruments, such as a check. Person A gives person B a bank draft, promising to pay the money owed. When B tries to collect, A refuses to pay. B goes to a notary with the dishonored document, who then writes an official protest note, demanding that A pay the money owed. If it goes to court, the protest is evidence that the debt is valid. It's a bit more complicated than that, but that's it in a nutshell.

Enter the people wearing tin-foil hats who decided to turn it completely around and make it a way to avoid paying debts. They use the notary to demand proof that the debt is valid, and when the demand is ignored they have the notary create a "certificate of dishonor" which they then believe will absolve them of the debt. Again, more involved than that, but that's it in a nutshell (and in this case, the operative word is "nut").

It doesn't work that way, and the courts are generally not amused by people who try to avoid paying their debts by using this tactic. Any notary who gets involved in this scam is at the very least putting their commission at risk. My advice to you - don't even think of calling this guy back.

Reply by Roger_OH on 12/5/12 6:35pm
Msg #445658

These are in our statutes as...

the only notarial act that is required to be recorded in a journal.

Mike's excellent description is spot on. This is a two-hundred year old debt process, that the Sovereign Nation wackos try using to avoid debts through manipulation of the Uniform Commercial Code.

Best I'll do for them is notarize a signature if they want, but that's it. No mailing of envelopes, etc. I'll also refer them to an attorney with UCC experience.