Posted by Jim/AL on 7/17/13 10:11am
Msg #477116

Another Notary cashing your checks what would u do?

I happen to have the delight of having a notary in another state that has the same first and last name as mine...he knows and has known it for 6-7 years....back to EFS days when they paid him over $1000.00 of my dollars before we figured out he was cashing them.

This year 2 in February, 5 in March, 2 in April and 1 in May totaling just shy of $1,000.00.

Every once in a while I get one of his... I email and or call the sender and the other James and never cash his money. The only time I cashed his was when it came with mine and I always let all parties know.

What would you do? What can I do?

It is really frustrating chasing money...it is more frustrating when the companies think you are crazy because you already cashed their checks.

Reply by loancloser46 on 7/17/13 10:15am
Msg #477117

I would have a little chat with the police about it.

Reply by Linda_H/FL on 7/17/13 10:22am
Msg #477120

That was my thought...I'd contact law enforcement

Once is a mistake...twice may be another mistake - 3 or more? No..it's intentional now and this notary needs a serious wakeup call.

JMO

Reply by Malbrough_LA on 7/17/13 10:26am
Msg #477121

Open an LLC and utilize the company name

Problem solved. Past that, contact law enforcement, get an attorney friend to type up a nice letter delivered by certified mail requesting he cease (good luck with that one...he has the same name and can merely claim ignorance). Look long and hard at the company involved...why can they not straighten out who signed what and when? Are their accounting practices that confused that they can't get it straight?

Reply by NVLSlady/VA on 7/17/13 10:31am
Msg #477123

Re: Open an LLC and utilize the company name

<<Look long and hard at the company involved...why can they not straighten out who signed what and when? Are their accounting practices that confused that they can't get it straight?">>

I was thinking this, also. Worked in FI for years. Seems like the cco. is the source of the problem. Shouldn't be anything THAT problematic having several contractors with same name (different states, different jobs assigned, different borrowers, different pay amounts). I mean, they have a number system (invoicing/billing). Someone in accounting just needs to pay more attention to what is going on.

Reply by Jim/AL on 7/17/13 10:42am
Msg #477125

10 times this year is 6 or 7 different companies

cannot blame any one vendor...they of course would like to get it straight...time consuming for them to pay him then me and have to collect back from him....accounting nightmare.

Reply by sueharke on 7/17/13 11:25am
Msg #477135

Re: Open an LLC and utilize the company name

If you're in CA creating a LLC is easy, but expensive. The fee is a minimum of $800 per year and there are annual fees payable to the state. I suggest checking with the state you live in for their rules.

Option 2, if you don't want to become a LLC after doing more research. Create a Fictious Business Name (FBN) and do all the billing from the business name. Be sure to get an EIN that leads to the FBN. That way you are billing as an individual. Also, open a checking account in the FBN and get a business license in the FBN. The notary bond would be in the name required by your state.

Reply by John Tennant on 7/17/13 12:54pm
Msg #477154

Re: Open an LLC and utilize the company name

Sue is totally correct. I have a FBN, EIN, Business License, and FBN checking account. The cost for all of this in California was less than $80.00. Using this procedure also strengthens your position should you be subject to an IRS audit. It shows you take your business seriously and it is not just a "hobby".

JMHO

Reply by Malbrough_LA on 7/17/13 2:37pm
Msg #477176

Good Googely Moogely

Your LLC creation fees in CA are VERY high compared to LA. $100 here and done. :O

Reply by Christine/OK on 7/17/13 5:53pm
Msg #477214

LIKE!! :D n/m

Reply by Jim/AL on 7/17/13 10:43am
Msg #477126

Is he breaking any laws? n/m

Reply by Malbrough_LA on 7/17/13 10:49am
Msg #477130

This is where it becomes grey unfortunately.

Is he impersonating another individual? Is he knowingly cashing them aware he is not the individual to whom they were written? Is he unwittingly cashing them, apparently because he doesn't know what monies are owed him and his accounting practices are that bad (which is an entirely separate issue in and of itself...)? Too many grey areas to pursue as a cut and dry case of impersonation/forgery/etc. Are his actions wrong? Yes. Is there a defense that can be made for the actions he's committed? Yes.

This is why I recommended the opening of the LLC to solve the problem asap. The problem won't ever present itself again if OP opens a company as <First Name-Middle Name-Last Name, LLC> or something to that effect.

Reply by CinOH on 7/17/13 10:45am
Msg #477127

Do you have a middle inital or full middle name you can start using for notary work?

What he's doing is immoral and disgusting but you're going to have to prove that he knows the checks are not his before he cashes them.

That's going to be difficult to do since the checks are mailed to him with his name (which you share) on them. He can easily say he's thought the checks were for him.

IMO your beef is really with the idiots at the companies you work for keep sending him your checks. There is no excuse for that. Especially since you are in a whole different state.

I would contact law enforcement and maybe if they contact him it will throw a scare in him and he'll stop.

It must be really frustrating dealing with this. Good luck.

Reply by Notarysigner on 7/17/13 10:47am
Msg #477128

I had a notary 300 miles north of me with a different name cash my check and I only found about it because I inquired about payment. The SS sent me the cancelled check with my name on it but his name and address was where the check was sent!

Reply by NVLSlady/VA on 7/17/13 10:59am
Msg #477131

Wow - Blatant Fraud. Hope his F.I. pursued for fraud.

Also reminded me of a time when a fellow employee (but in a different state) with same name claimed a Referral check "on my behalf."

The new hire I referred asked me if I got a bonus for the referral. I was like, "Huh?" When I contacted my company's HR dept they told me I got paid for referring the new hire. Not Me!

It was sorted out and the "imposter" was promptly removed. Zero tolerance dishonesty policy. Makes everyone feel safer.

Reply by Linda_H/FL on 7/17/13 11:06am
Msg #477132

Yeah..is this person's bookkeeping so shoddy they don't

know they're getting checks for work they didn't do? You would think that since it happened before he'd be a bit more careful - no, make that a LOT more careful.

I know my business volume isn't as large as some here, but I know all my payments due and what file they're for - and when a check comes in I know what that payment is for. If this guy, or anyone, doesn't have a system like that in place, then they should - ESPECIALLY this particular notary who's had it happen before.

Unless, of course, he doesn't care and is doing it on purpose - there's the crime.

Reply by Jim/AL on 7/17/13 11:13am
Msg #477134

Re: Yeah..is this person's bookkeeping so shoddy they don't

He has to know. I certainly know when I get one of his or when I do not get my own. His accounting cannot be that bad.

Most often it is when I am going after companies that have not paid for 60 days or more and they typically ignore me at first because they show paid and cashed.

I have one company that owes me for Feb and March closings that were sent to him in error...they have known for 3 months that they sent payment to the wrong notary...but they still have not paid me. I assume they are waiting to get $$ back from him first...not fair...they owe me, so pay me.

Reply by NVLSlady/VA on 7/17/13 11:06am
Msg #477133

Be mindful that some banks

won't allow you to cash checks made payable to a business - even your own. I really don't understand this (and probably should), as the account is your business account with YOU as the signer.

So to be on the safe side, I have one company DD my checks (payable to Michelle) to a separate personal checking account that I designate for business only.

Reply by BevTX on 7/18/13 6:29pm
Msg #477359

Re: Wow - Blatant Fraud. Hope his F.I. pursued for fraud.

Sounds to me like "theft by check."

Reply by Bob_Chicago on 7/17/13 12:15pm
Msg #477144

Have you considered legally changing your name to

John Jacob Jingelheimer Schmidt , or some such?? :-)

Reply by SharonMN on 7/17/13 12:33pm
Msg #477148

The fact the another notary is cashing/depositing your checks is annoying, but I agree that your beef is with your hiring agency that can't mail your checks to the right address. I would add to any invoices and completion reports:

Mail payments to: [address]. Do not mail payment to any other address. Other notaries do business under the same name and have been known to cash checks sent to the wrong address.

Reply by Laurie Manzanares on 7/17/13 12:52pm
Msg #477153

Ever consider registering a Fictitious business name also called a DBA (doing business as)?

I have one for my notary business as a Sole Proprietor. In California we register our DBA's with the County Clerk. It maybe different in other States. They are usually under $100 to do every 5 years. Give a copy of your registered DBA form to your bank and you should have no problem cashing your checks under your new business name. I have done it this way for years with no problems depositing my checks. I did however Register my own name as a DBA so it would also come up on the banks screen connecting my name with my business name if ever questioned by the bank. The DBA route maybe a long term solution for you.

Good luck sorting out your problem.

Reply by GOLDGIRL/CA on 7/17/13 1:18pm
Msg #477162

Call IRS

I'd do exactly what sueharke and Laurie suggested. Come up with a nifty business name, like TotallyNotary or something like that and have checks made out to that name. Then open a FREE business account at a local credit union. Only problem with that is it clearly doesn't matter who or what the check is made out to with an ATM deposit. That's been my experience when I accidentally deposited checks made out to my business name in my personal account, and they were accepted. There was a recent post here to that effect, as well. Still, if he endorses a check using his name but made out to your business name, he/we would then know he's a crook.

In any case, of course the creep knows exactly what he's doing. Back in the day when I had checks rolling in and using my hand-me-down soft-cover U.S. Army notebook for accounting, I would know instantly if somebody paid me or not or if I received a wrong check. No fancy-smantchy accounting software needed for that. I think we also can safely assume he's not paying quarterly taxes on all this money (are we assuming he's giving it back?). I'd drop him a note that each and every time he cashes one of your checks, the IRS will be informed that he, not you, owe the taxes. Just tell him the IRS needs to know that you cannot be held resopnsible for taxes on money you earned but that you never received ... but you know who received it. Maybe Sue knows a hotline number for this.

Reply by Robert522TX on 7/17/13 9:18pm
Msg #477236

Re: Call IRS>>>EXCELLENT IDEA! n/m

Reply by JanetK_CA on 7/17/13 2:21pm
Msg #477172

Good idea. I think I'd shorten it a bit, but a warning up front, right on your invoice, that you've had an issue with this and want to be sure the check is sent to the right address might help. Adding an initial or switching to a dba is also probably a good idea. You know it's an issue and is likely to continue to be one, so why not just head it off at the pass and eliminate the challenge for your clients? Over time, that very well may be significantly less of a hassle than what you're dealing with now.

Reply by Saul Leibowitz on 7/17/13 5:09pm
Msg #477201

Re: Another Notary cashing your checks what would u do?; two

things.
Send a letter with details and copies of checks to the FBI office in his area; tell them you know it is a small amount each time but adds up and is a continuing practice. If they drop by his place just once, he will wake up. Also, if they kick it to the local police, the locals will jump on it.
THIS IS HARSH BUT OVERDUE.
Second, contact the Sec of State in his State and ask them to investigate and act to revoke his commission. That will also get attention.
Try FBI first.

Reply by 101livescan on 7/17/13 7:19pm
Msg #477226

Re:Another Notary cashing your checks what would u do?

CHARGE HIM INTEREST ON YOUR MONEY! You'll be sending Guido over on Sunday to collect all monies owed you. (just kidding, but interest is the least he could do!)

This happened to me when a notary in San Diego with my name (THE NERVE) was cashing my checks and she knew it. She was getting ready to ship out with the USN to Hawaii. I caughter her before her ship sailed.

Reply by Pa_note_r_e on 7/18/13 7:12am
Msg #477259

I have had the same thing happen to me! There is another woman with the same name in the same state I am in and she gets my checks all the time. I have only received one of hers and advised the signing agency which issued out another check for her. She has too collected over 1000.00 + of monies due to me. In each case I contact the signing/title company and they look into it and pay me. It is a BIG hassle. I figure it is the signing agencies/title companies fault that they sent it to the wrong person. They should resolve the issue. I use my middle initial or full middle name with these companies and lately everything seems to be working for now.

Reply by MW/VA on 7/18/13 9:34am
Msg #477274

I think I'd send him a letter, putting him on notice that

you're aware of what he's doing, and that you intend to prosecute if he doesn't return monies that are rightfully yours. Otherwise, your recourse if really through the hiring party.
There is another notary with my name in FL. She cashed a couple of cks. that were supposed to come to me, but the ss paid me promptly when I called them about not getting paid.
Unfortunately, not everyone in this business is honest.