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active
Virginia
38 Posts |
 Posted - 08/26/2008 : 12:07:01 PM
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I am so glad I live in VA. You mentioned she quoted the law stating you can't refuse a request. What she was asking is not a reasonable request. I would have told her through the intercom that the person she was seeking is not there and to have a nice day! At least in Va, notaries aren't forced to perform notaries. I doubt seriously if anything would have happened but you cound have charged her with trespassing and stalking. To hunt you down at your home is to say the least not of sound mind, therefore making your notary non-valid!quote:
Originally posted by edelske
New York seems to attract nuts like you know what attracts flies....
I get a call from a woman who wants "one little document stamped" - which from my experience is the start of a conversation with someone who does not want to pay a reasonable mobile notary fee.
I explain that I am a "mobile notary" - do not maintain an office, and go to the client by appointment. She says "I would prefer to go to your location". Sorry lady, but I do not have an office, the physical address on my web site is my home address, used for receiving documents by FedEx and UPS.
She tells me that she is going to "my location" anyway; over my objection and astonishes me with a reading of New York Notary Law:
The Penal Law (SS195), provides that an officer before whom an oath or affidavit may be taken is bound to adminsister the same when requested, and a refusal to do so is a misdemeanor. (People v Brooks, 1 Den. 457)
I try to explain to her that the address is my HOME - and she is not going to be admitted into my house for any reason whatsoever. She starts to argue that I "must" admit her or I am breaking the law.
(as I write this I am thinking of moving to Wyoming - the least populated state in the USA)
She actually comes to my apartment building and rings the bell! I speak to her on the intercom and remind her that I told her she would not be admitted to my apartment - so she insists that I go downstairs!
I politely refuse (knowing that "nuts" often carry tape recorders).
She said she was calling the Police! and "making a complaint to the office of the Mayor!
Two aspirin and 15 minutes was all I was willing to spend on the situation - I quit answering the intercom - the police "probably" did not arrive - but not answering the intercom I can't be sure. A week has passed and no official person has contacted me.
I stand by my opinion that the law does not require me to let anyone in my house, OR require me to leave my house "on demand".
Opinions & a re-supply of aspirin would be appreciated from the members of this agust forum.
Ken (with a headache)
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909notary
California
15 Posts |
Posted - 07/21/2008 : 5:14:03 PM
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Well, since I park my car in my driveway (private property) I don't think i'm breaking any laws. I would say that the parking laws in the area not often enforced since I do park my car on the street in front of my office in the '2 hour' parking zone for upto 9 hours per day, 6 days per week (knock on wood i have not been cited for parking in excess of the posted time. Even though the police regularly set-up less than 100 feet to catch the speeders).
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edelske
New York
815 Posts |
Posted - 07/10/2008 : 1:42:17 PM
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If you take a peek at my site you will see that I "lampoon" what I call "Phantom Notary Sites". I use my name and address (even picture) to show that I am a real person - that someone calling gets me, with the qualifications and experience stated. The address is just another bit of assurance to my clients, and gives most of them some idea of how long it would take me to get to them. Few are the "home visits", mostly humerous - once in a while; for true emergencies, I notarize in the clients car parked in front of my house.
I would question if the "advertising" on your car on the public streets is against some sort of regulation - be it never enforced.
I lament at the excess of "law" nowadays. When I was a kid; and the cop caught use playing with firecrackers; the punishment was a proper kick in the pants, and the offending fireworks taken away. Today, the kid would probably be booked, fingerprinted, and jailed for being a terrorist.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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909notary
California
15 Posts |
Posted - 07/10/2008 : 10:57:05 AM
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City ordinance prohibits me from having clients in my home. I do advertise my service on the back window of my car so people driving by my home sometimes stop to get documents notarized. I will offer a business card with business address or I may just notarize their documents curbside. I never allow anyone into my home.
Ken, why not remove your address from your website and avoid future headaches?
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n/a
0 Posts |
Posted - 05/05/2008 : 12:04:37 PM
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| sorry that this is an old topic, but I just had to jump in.... in WI we don't have a fiduciary responsability to work at the beck and call of everyone. Thank goodness! I cannot imagine that the NY DA's office would prosecute something like this. That crazy person can go to a bank or lawyers' office for service. It's not that she has no other choices, I'm sure. A WI judge would not even hear this case, I cannot imagine a NY judge hearing it either. And to show up at their home? Where does anyone draw the line? Outrageous. |
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crtowles
California
553 Posts |
Posted - 04/17/2008 : 5:37:47 PM
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"NOBODY comes in my house for two dollars......"
You got that right!!!!
C |
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edelske
New York
815 Posts |
Posted - 04/16/2008 : 5:37:59 PM
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Better to be judged by 12 than carried by 6.
NOBODY comes in my house for two dollars......
Ken |
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crtowles
California
553 Posts |
Posted - 04/16/2008 : 11:14:22 AM
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I have had a couple of folks come to my house by accident (address is posted on the net) and they looked OK (but you never know) but I went on an notarized their stuff but let them know that I am a traveling notary and didn't usually accept walk ups. But a crazy person like Ken described-I would have called the police on her. California law says that I cannot refuse a reasonable request. This was not a reasonable request. She sounded like a full fledged nut case. We just have to use judgment with these types of things. No where in the notary manual does it say that I have to let someone force there way into my home.
Carmen |
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vince
Kansas
324 Posts |
Posted - 04/15/2008 : 06:10:02 AM
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| You are describing a person that seems insistent on proving at least two points. One is “control” and the other may be money related. Is she trying to prove that she can get “any mobile notary" to accept the State's prescribed fees? If she is aware enough to be quoting case law, I’d be concerned of her intentions. The precedence that you may create (accepting public business in a private residence to avoid a reasonable travel allowance) may be worse than the consideration of the misdemeanor. Perhaps you could get a “friend of the court” ruling from a local judge if you are concerned of the ramifications of this. Please let us know if this goes any further |
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Lee-AR
Arkansas
678 Posts |
Posted - 04/15/2008 : 05:20:58 AM
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| Don't know the law, but common sense tells me that owning a Notary stamp does NOT allow the whole world access to my home. Just send the nutcases to a bank. Banks have security guards. |
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LindaH
Florida
1754 Posts |
Posted - 04/15/2008 : 04:20:49 AM
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"Its a grey area in the law whether or not you have to let someone in your house. Its hard to say. But, in NY, I would not let strangers into my house under any circumstances. "
Zoning laws in my area preclude me from having people come to my home, which I wouldn't do anyway for privacy and security reasons. I don't want anyone like the people you describe knowing where I live!!
Another consideration is liability....if someone were to come to my property to have something notarized, trip and fall and sustain injury, it's on me...the insurance for that type of liability coverage (coverage on a business property) is astronomical, and more than likely would be even higher for me as, according to the county, I'm not supposed to be conducting business here in the first place!! I may not be afforded coverage at all..
Ken, you might want to let wacko know that the law she's citing pertains to your duty to notarize and refusal of services - has nothing to do with letting someone in your home, which is your right...and on that note, you might want to remind her that you CAN refuse if, in your opinion, the signer is not of sound mind, which obviously she is not..so you, therefore, cannot notarize her signature....but say it all through the intercom, of course!!
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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jbelmont
California
3106 Posts |
Posted - 04/14/2008 : 10:20:16 PM
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I had many situations like this. But, I don't live in NY, the land of nuts. I live in CA, the land of "fruits and nuts". I never wanted anyone coming to my house because it was messy. Once in a while I gave in to requests.
My idea was always to meet them in a "neutral" location. They would have to call me once they got there so I didn't have to get there at the appointed time and then wait 45 minutes only to not get a travel fee and to make $10. What a pain. So, they customer would always call me from "the meet" when they got there which in California culture is traditionally 45 minutes late. Its our custom to arrive at any appointment at least 20 minutes late to show respect in our West Coast culture. Arabs have a very similar custom, except it would be closer to two or three hours later on a good day in their countries.
I would usually pick a Starbucks or convenience store with a good counter. I used to do fingerprinting near the hot dog section at 7-11.
Its a grey area in the law whether or not you have to let someone in your house. Its hard to say. But, in NY, I would not let strangers into my house under any circumstances.
Advil is better for health than aspirin Ken. Please read the studies about what aspirin does to your stomach and how it might increase the risk of heart attacks.
Wyoming sounds good. You could learn to do hoof printing for neighbors horses and cows in case they got lost. Here Bessy, now don't move. Thats right girl... good.. good.. We're done. Now that wasn't so bad!! |
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jlissem
New Jersey
139 Posts |
Posted - 04/14/2008 : 6:10:47 PM
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| Glad I live in a gated community. |
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edelske
New York
815 Posts |
Posted - 04/14/2008 : 5:17:45 PM
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New York seems to attract nuts like you know what attracts flies....
I get a call from a woman who wants "one little document stamped" - which from my experience is the start of a conversation with someone who does not want to pay a reasonable mobile notary fee.
I explain that I am a "mobile notary" - do not maintain an office, and go to the client by appointment. She says "I would prefer to go to your location". Sorry lady, but I do not have an office, the physical address on my web site is my home address, used for receiving documents by FedEx and UPS.
She tells me that she is going to "my location" anyway; over my objection and astonishes me with a reading of New York Notary Law:
The Penal Law (SS195), provides that an officer before whom an oath or affidavit may be taken is bound to adminsister the same when requested, and a refusal to do so is a misdemeanor. (People v Brooks, 1 Den. 457)
I try to explain to her that the address is my HOME - and she is not going to be admitted into my house for any reason whatsoever. She starts to argue that I "must" admit her or I am breaking the law.
(as I write this I am thinking of moving to Wyoming - the least populated state in the USA)
She actually comes to my apartment building and rings the bell! I speak to her on the intercom and remind her that I told her she would not be admitted to my apartment - so she insists that I go downstairs!
I politely refuse (knowing that "nuts" often carry tape recorders).
She said she was calling the Police! and "making a complaint to the office of the Mayor!
Two aspirin and 15 minutes was all I was willing to spend on the situation - I quit answering the intercom - the police "probably" did not arrive - but not answering the intercom I can't be sure. A week has passed and no official person has contacted me.
I stand by my opinion that the law does not require me to let anyone in my house, OR require me to leave my house "on demand".
Opinions & a re-supply of aspirin would be appreciated from the members of this agust forum.
Ken (with a headache) |
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