Posted by LKT/CA on 9/30/12 9:33pm
Msg #436587

1st Request for copy of journal entry

I received a call last week from the attorney of someone I notarized for. I completed two different notarizations for the spouse, who has since passed away. I've also notarized several other docs for my customer, both while the spouse was still alive and after their passing. Seems an In-Law is now challenging the doc and the notarization. As we know, notarizing the signature doesn't make a doc legal. If the doc is illegal before the notarization, the same is true after the notarization. The attorney said they would send the request in writing with the 30 cents. The attorney also said the In-Law's attorney would be calling me to ask a few question. Never thought I'd receive a journal entry copy request.....

Reply by Marian_in_CA on 9/30/12 10:51pm
Msg #436589

Congratulations... ? Thankfully, if you did the signature by mark properly each time, there were two other witnesses to the signing, so there's nothing to worry about on your end. Often, they look for any possible loophole, and even attorneys sometimes don't "get" that we aren't the "make the document official" people.


The first request for a line item scared me a lot, too, because it was part of a family estate legal battle thing...probably similar to what you're describing.

It's times like those that I'm thankful for the crazy journal requirements.

Reply by Pro Mobile Notary on 10/1/12 10:15am
Msg #436610

Make sure that the written request from the attorney is 100% consistent with the SOS of CA requirements found in the handbook or kick the request back to them asking for the precise requirements laid out for CA notaries is met. Why is this important? I believe (I am not an attorney) that if you accept and comply with their flawed written request, they could use it to raise questions about your credibility later on. You could also run into issues with the SOS's office if you comply with a flawed request.

Reply by ikando on 10/1/12 10:31am
Msg #436613

I work with attorneys, and when this came up for me, I was told I should request a subpoena duces tecum (formal writing) stating exactly the date and how much information they needed. That document then gets stapled into the journal for backup.

Also, be sure you only copy the information they request, not the whole page of your journal. Cover up the rest. They do not need to see the other entries on that page.

Reply by GOLDGIRL/CA on 10/1/12 12:45pm
Msg #436635

excellent point, Pro Mobile n/m