Posted by Shoshana/AZ on 8/21/13 5:40pm
Msg #481472

I was a defendant in court today.

The case was unrelated to my notary work. However, my knowledge of notary law caused the judge to throw out all the plaintiff's exhibits. I told the judge I couldn't accept the exhibits because a document that purports to show (in 4 paragraphs that I barely understood) the security of their data processing dept. was signed by the person and the notarial certificate was an ack. The attorney for the plaintiff asked me a bunch of questions such as does this look like a real notary signed this? The seal happened to be an embosser. So, I said well, I have no idea. This notary signed the document in Georgia. She could be real, she could be an imposter. Just the fact that a notary signed the document doesn't make it legal. Also, if this document had a jurat as a notarial certificate at least the signer would be swearing to or affirming the veracity of the document. The people who wrote this document may or may not have been telling thr truth. We have no way of verifying that.
In the end, I won!

Reply by Yoli/CA on 8/21/13 5:43pm
Msg #481474

Excellent!! n/m

Reply by Marian_in_CA on 8/21/13 6:07pm
Msg #481478

Congrats!!!

In the end, it actually does help because the courts recognize our expertise in certain areas. A couple years ago I ended up on a jury solely because I'm a notary. Both sides and the judge asked me questions about my experience as a notary during voir dire. At first, I thought it was weird they were asking me so many questions about notary work.

As it turns out... three of the items presented as evidence in the case were notarized... and I happened to notice something was weird about one of them... which challenged the credibility of one of the witnesses. Even though I knew the guy was guilty and ultimately, the evidence didn't matter much, it was a hung jury. BUT... when the DA spoke to us later, I pointed out the discrepancies on the notarizations and suggested the DA call in that notary or get copies of that notary's journals to help solidify that person's testimony. The DA had no idea they could do that (ugh....lawyers!). When the guy was re-tried, the presented all of the evidence and , thankfully, the guy was finally convicted. The notarizations weren't terribly key...but they were part of some testimony of a key witness and helped solve some of the credibility issues that hung the first jury.

To this day, that DA still calls me every couple of months to ask me a question and he's always referring me to people.

Reply by Claudine Osborne on 8/21/13 8:24pm
Msg #481494

I was summoned to court a few months ago..The trial has been rescheduled so many times who knows when the case will be heard..Last fall I notarized a couples dissolution papers.

The couple was friendly to each other and all seemed well. The documents were acks so no oath was given. The gentlemen signed over 4 vehicles to the wife and I gave him the oath for the titles as required..Anyhoo..After a few months the husband claims he signed the dissolution under duress..Thats why Im being called to court.

Thank goodness I keep a journal (not required in Ohio) as I wrote some notes as to the friendly exchange between the couple before I notarized their documents. Turns out the husband has a bunch of other legal issues and this is just the tip off the iceberg. The wifes attorney told me she didnt know how long the judge would let this part of things go unresolved and that the husband is awaiting sentencing on other matters. The point is..in my professional opinion he was not under duress! Time will tell if this goes to court

Reply by rolomia on 8/22/13 2:50am
Msg #481511

Notaries are always the first to get thrown under the bus!

Though no client has ever claimed duress with regard to my notarial services, if I work this business long enough, I guess it may only be a matter of time. Notary clients will lie through their teeth to save their own skin. I just wish that the penalties for perjury in such cases were more severe.

I also wish that laws would require NP's/NSA's in Arkansas to fingerprint clients. I know that a number of other NP's/NSA's disagree with additional laws and I respect that. But, only the rule of law will make a notary's clients intending to commit fraud think twice before doing so.

Also, it's too bad we cannot videotape our meetings. That might prevent some of the fraud. Though, a worsening economy will motivate otherwise law-abiding citizens to commit such fraud if it will put money in their pocket. JMHO

Reply by HrdwrkrVA on 8/22/13 10:03pm
Msg #481611

Once I had an exceedingly pleasant signing w/ a couple. The

Girlfriend was not on any of the papers, but was clearly running the show. The signing was quite leisurely & being ahead of schedule, we talked for a few minutes on their stoop - a real kumbaya moment - they were saving $ & getting some $ back.

Well the girlfriend must have seen something she didn't like or understand, 'cause next thing I know the SS is callng me saying grilfriend said I rushed them, etc!!! The SS said the TC asked that I not be used for any of their future signings! I wanted soooo bad to call girlfriend & ask her at what point did she feel rushed?!?!?!

Some BOs will lie to get their way, no matter what! Throwing me under the bus wasn't necessary - they counld have just exercised their RTC - SMH!