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jbelmont
California
3106 Posts |
 Posted - 03/09/2007 : 4:20:45 PM
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Chunks:
I Notarize about 1200 affidavits a month for a legal services firm in Illinois.I do this without ever witnessing the individual signing the affidavit.Is this affidavit good in court ? Also am i DOING SOMETHING WRONG ??Please help me with this as I am unsure...
LindaH:
So, in other words, you notarize 1200 affidavits a month for A LEGAL SERVICES firm - and you don't know what you're doing?...do I have that right??? That's incredibly scary....
dfye@mcttelecom.com:
Anderson's Manual for Notaries Public Fifth Edition describes an Affidavit as a "declaration reduced to writing, signed by the affiant, and sworn to BEFORE an officer authorized by law to administer oaths."
Blacks Law Dictionary describes an Affidavit as "a written, ex parte statement made or taken under oath BEFORE an officer of the court or a notary public or other person who has been duly authorized so to act."
If you ever had to go to court you would be required to testify under oath to the truth. You would have to divulge that you signed those affidavits without ever witnessing a signature. After all, a Notary is an Officer of the Court and must respond as such. This will not reflect well on you as a Notary.
In New Hampshire, we are subject to "petty offense" fines for misuse of office. If you are signing 1200 affidavits per month without witnessing a signature imagine what the fines could be if your state imposes them. They may never find out but in the end you are the one who needs to account for your use of authority and at best live with yourself. As for what you want to do about it, is your decision.
My Opinion: You can go on the way you have been all along and think nothing more of it or you could do the right thing and have the affiant present so that you can properly administer and they can legally take the oath no matter what.
As a notary you have already established yourself as someone with good moral character are expected to abide by the law. Don't let anyone take that from you. YOU CANNOT ADMINISTER AN OATH TO SOMEONE WHO IS NOT THERE.
Disclaimer: The above opinion is not to be construed as legal advice of any kind.
LindaH:
Very intellectual response dfye - too bad I was too dumbstruck by the question to think of even an iota of this type of response..:)
dfye@mcttelecom.com:
I, too was "dumbstruck" by Chunks' post. Let me say, however, that when you become a notary, you need to be aware of what is required of you and what your resposibilities and duties are BEFORE your election . I would never recommend that anyone sign up to be a notary without knowing the full spectrum of the position.
To Chunks: Please go back to the Illinois state laws on Notaries Public and review them thoroughly. Depending on whatever the future holds on the affidavits that you signed, they may/could be rendered invalid in a court of law.
I need to make a correction in that I quoted the definition of Affidavit from Blacks Law Dictionary. The correct Law Dictionary is Barron's. My apologies for the oversight.
Most Notaries do not hold the position full-time and work other jobs. "Despite the fact that they are not full-time "professional" notaries, their every act as a Notary must be accomplished in a professional manner, however, because they are held to high accountability and are relied upon by the public because of the high degree of responsibility which they exercise." (Anderson's Manual for Notaries Public, 5th ed.)
LindaH:
Excuse me??...an incorrect definition quote??!!....How dare you!!...guess we'll need to shoot you now!!..<G>...and Chunks can notarize the death certificate - which will probably mean you're really not dead!!!
dfye@mcttelecom.com:
What kind of a legal firm allows a notary to notarize documents without an affiant being present. SHAME ON THEM!!! They obviously have no regard for your good character by allowing you to perform an illegal act such as notarizing 1200 Affidavits |
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Should the signer be present in an affidavit?
