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I am a notary for about 12 years now. About 8 years ago, I notarized something for a friend of a friend. A woman produced proper identification, ie driver's license, that she was who she said she was and not 8 years later, it turns out that she is not and the signature was forged. I have been contacted by someone investigating this case who claims I am not in any trouble but I would like to know if anyone can tell me if there is a statute of limitation on notary violations, if they rule I was in violation and also if I can be liable being that she gave me identification.
Kellicel, given the nformation you have posted it sounds like, and I know this may not be the case but, aiding and abetting a felon. If this person who contacted you said you may not be in any trouble, I dont know how that can be true. If I were you I would contact a lawyer and keep your bases covered. If you still have files, dig them out and keep them handy in case they are needed.
Did the woman produce a picture id to positively identify her as who she said she was? I was a notary in Florida for many years and demanded picture id only before I'd notarize anything and then carefully noted in the jurat just what type and list the driver license number. The friend of a friend thing has nothing to do with the fact that you were not careful enough to look at this person and do the proper job of a notary. I would also ask them to swear that they are who they said they are. I hope you at least did this.
Also you did not state what kind of instrument you notarized to have it come back after 8 years and haunt you.
Did you keep a notary log and document the identification? Unfortunately, I have heard of notaries being sued. I carried Errors and Omissions insurance while I had an active license.
I did ask for picture Id and it was a driver's license and she swore she was who she said she was. I notarized something that gave this person access to financial documents and it turns out that the person was not who she claimed to be and the girl who benefited from this is the one being investigated. They merely want a statement from me. I just wanted know what can happen to me since I did every right. The only think I did not do was keep a log. I am a court reporter and only got my notary for that reason. I occasionally notarize things just as a favor and it is very rare that I do that. I could count on my hands how many documents I've notarized so I never realized you had to keep such things.
Thanks for replying to me. If anyone knows my original question as the the statute of limitations, your help would be greatly appreciated. I've read some where that it's 4 years but I am not a 100 percent sure and would like to know if anyone does know for sure.
??? she had a drivers license and she ? swore it was her, there should be no question, they should look like thier photo, on the ID.
Was there some doubt as to who she was ?
I remember years ago a colleague of mine was called into court to testify on something similiar. She provided proof (driver's license) that had been fabricated. The notary didn't get into any trouble, she just verified that the person there was the same person that did the signing. You can't be expected to be an expert on fabricated driver's licenses and believed the woman to be who she said she is. Sorry, don't know about the SOL.
Each state has different SOL's. I remember Florida's as 4 years. If they just want a statement from you I would think this is to further their investigation in the case against the person showing to what lengths she went to do her crime. How were you to know it was fraudulent id? You didn't. In this case your Errors and Omissions insurance would kick in if they try to hold you responsible for anything. I stopped being a notary as it was too much of a headache having friends want me to notarize something and their "friend" was not there, etc. Got into too many arguments and lost a lot of friends that way.
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