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dpetersen
California
4 Posts |
 Posted - 08/02/2011 : 09:49:59 AM
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quote:
Originally posted by LindaH
You should not be using credible witnesses at all...she has current valid ID - CW's are for use when no current acceptable form of ID is available...they are basically ID with legs.
CA handbook, page 8-9 http://www.sos.ca.gov/business/notary/forms/notary-handbook-2011.pdf
Please note your CW's are swearing to, among other things:
"3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification; not the case here 4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;" also not the case - signer has ID.
If your signer has current valid ID, CW's should not be used. Either she signs as her name is in the docs and you notarize the name on her ID, or she goes back to the document originator and has the name changed on the document.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
Hi Linda,
I really do appreciate your answer. I had checked the handbook prior to posting the question, I refer to it often, but I kind of felt as though this is a gray area so I did some more research. In this case, the signer does have valid ID, but it is not acceptable ID for this particular purpose and it would be difficult or impossible to obtain an ID with her former name. The handbook also states: "Satisfactory Evidence – “Satisfactory Evidence” means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the individual is not the individual he or she claims to be and (A) paper identification documents or (B) the oath of a single credible witness or (C) the oaths of two credible witnesses under penalty of perjury..."
I do believe that I am a reasonable person and I do not believe that there is any information, evidence or other circumstance that leads me to believe that she is not who she says she is. I really needed to clarify this. I called the SoS office and of course they couldn't clarify further without giving legal advice, but he did suggest that my answer lies within the "Satisfactory Evidence" line. Ask myself #1: Am I a reasonable person? YES and #2: Is there any reason to believe that she is not the individual she claims to be? NO. I also called the NNA hotline and they answered without hesitation, yes, this is a case where credible witnesses would be used.
I am curious, have any other California Notaries have sought legal clarification regarding this situation? I found two notaries who posted this question in the FAQ section of their own websites and their solution was also to use CWs.
Deanna Petersen
Notary Signing Agent
www.woodlandnotary.com |
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dpetersen
California
4 Posts |
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LindaH
Florida
1754 Posts |
Posted - 07/25/2011 : 6:08:34 PM
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You should not be using credible witnesses at all...she has current valid ID - CW's are for use when no current acceptable form of ID is available...they are basically ID with legs.
CA handbook, page 8-9 http://www.sos.ca.gov/business/notary/forms/notary-handbook-2011.pdf
Please note your CW's are swearing to, among other things:
"3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification; not the case here 4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity;" also not the case - signer has ID.
If your signer has current valid ID, CW's should not be used. Either she signs as her name is in the docs and you notarize the name on her ID, or she goes back to the document originator and has the name changed on the document.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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dpetersen
California
4 Posts |
Posted - 07/25/2011 : 12:31:26 PM
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I recently used credible witnesses to verify the identity of a woman who's ID only reflected her current married name, but the document was printed with her former married name. She had valid ID, but since it only had her current name, the witnesses were used to verify that she was previously known by another name. Since then, the document has been modified and needs to be notarized again...
My question is, since I have verified her identity previously, do I need to use the credible witnesses again or can I just go on their signatures already in my journal? I am in California.
Deanna Petersen
Notary Signing Agent
www.woodlandnotary.com |
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Using Credible Witnesses
