Posted by Scott Griffth on 11/6/13 11:33am
Msg #491573

Forgery

My wife was recently fired from her job. She was an office manager and one of her jobs was to notarize certain documents. I am actually glad that she was let go because her boss is shady. I will not get into details and cut straight to the point. She heard from an employee that he is using her seal and signing her name to documents. We don't have any proof as of this minute but she is trying to get a copy of the forged document from the customer that he sent it to.

If we do get proof, who would likely be the best place to take it? The police? The city clerks office? We are not sure what to do with it. Also, my wife is pretty sure that it is expired also. What is the penalty for something like that? I appreciate any feedback.

Reply by Sylvia_FL on 11/6/13 11:40am
Msg #491574

How did he get hold of your wife's seal? Her seal should be under her control all the time. if you have proof I would certainly take it to the police and your state's notary division.

Reply by Cali_RicM on 11/6/13 11:46am
Msg #491575

..with the risk, of course, of disclosing that said seal was NOT in her personal control.....

Reply by Scott Griffth on 11/6/13 12:07pm
Msg #491579

She was fired abruptly. In the heat of the moment, she didn't think she should take it since he paid for her to get it. So she left it behind in her desk at his business. She was afraid he was going to accuse her of stealing if she took it because he paid for it. She was just fired so she wasn't thinking. So that is how he got his grubby hands on it.

Reply by Sylvia_FL on 11/6/13 12:22pm
Msg #491583

Notary 101 - the notary owns the seal no matter who paid for it. Have your wife call the notary division of your state and report the seal as being used fraudulently, and let them know when she last used it.

Reply by Linda_H/FL on 11/6/13 12:25pm
Msg #491584

She needs to call the police and have them escort her

into the office so she can retrieve her seal.

That seal is hers - no matter who paid for it - it's her seal and now, her commission on the line. The TN handbook specifically states:

"The seal must be surrendered to the county legislative body (through the county clerk) upon expiration of the notary’s term of office or resignation, and the personal representative
must surrender the seal in the event of the death of the notary. T.C.A. § 8-16-114."

No one else should have control of that seal - so I'd report it to the SOS and call the police and go get it. I'd rather answer for an emotional oversight now than have to answer to allegations of misuse of the seal, abuse of office, and fraud later.

JMO

Reply by Darlin_AL on 11/6/13 12:36pm
Msg #491587

Also, notify the Probate Judge who appointed her, and

the judge could send a sheriff deputy w/her to collect the seal. she could also get her other stuff. This sudden-firing-by shady boss also happened to me. It is SO humiliating and that is what the snotty dude is counting on. It is considered a courtesy among law officers, to assist someone retrieving their stuff if they didn't have an opportunity, given the box to put stuff in, or whatever.

Reply by Linda_H/FL on 11/6/13 12:48pm
Msg #491589

Different procedure in TN - no probate judge involved

http://ctas-notes.ips.utk.edu/public/web/ctas.nsf/EntriesWeb/5EF33060B07D457D862570F1006DA965/$FILE/Notary+Public.pdf

Reply by MW/VA on 11/6/13 1:58pm
Msg #491602

Yes, he must "assume" the seal is his possession. He's

committing fraud if he's signing & using that seal.