How can we verify who this person is? The paper itself does not have the proper seal. Is it possible to print a seal that is flat and that has been taken off the internet?
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How can we verify who this person is? The paper itself does not have the proper seal. Is it possible to print a seal that is flat and that has been taken off the internet?
Every Notary seal I've seen embosses the paper, and no printer can do that.
Some places allow rubber stamps.Quote:
Originally Posted by smoothy
But the important question is whether the document was signed by the person the "notary" said signed it.
If you can't contact the notary, contact the state office which licenses notaries and get the contact information for the notary. Ask the notary what records he/she kept.
As a notary I had both rubber stamp which included the date of my notary expiration and an embosser with the state seal.
I was required to use both items when I notarized any documents.
There should be a "jurat" at the end of the document where the date is that the notary filled out what form of identification that was used to properly identify the signer of the document.
Some notaries are registered with the county they live in as well as with the state. Contact the folks at the local courthouse to see if this notary is registered with that county. If not, then you will have to contact the Secretary of State of your state to see what information they have on this notary public.
As I say, it varies from jurisdiction to jurisdiction.Quote:
Originally Posted by twinkiedooter
A jurat doesn't necessarily include the form of identification.Quote:
Originally Posted by twinkiedooter
It isJurat - Wikipedia, the free encyclopediaQuote:
that part of an affidavit which contains the names of the parties swearing the affidavit, the actual statement that an oath or affirmation has been made, the person before whom it was sworn, the date, place and other necessary particulars. The jurat is usually located on the bottom of a document. A typical form would be
Sworn to before me this DD day of Month, 20__,
Quote:
Originally Posted by twinkiedooter
Quote:
Originally Posted by AK lawyer
"jurat" is from Latin for "been sworn", the portion of an affidavit in which a person has sworn that the contents of his/her written statement are true, filled in by the notary public with the date, name of the person swearing, sometimes the place where sworn, and the name of the person before whom the oath was made.
According to NJ NOTARY PUBLIC MANUAL
A jurat is a certificate of office or person before whom writing was sworn and is designed to compel truthfulness on the part of the signer. The jurat is completed during the execution of an affidavit or other form of verification and is generally written at the foot of an affidavit stating when, where, and before whom such affidavit was sworn.
The jurat shares several of the basic elements of the acknowledgment. However, there are two additional requirements: 1) the signer must sign the document before the Notary; and 2) the signer must take an oath or affirmation regarding the truthfulness of the statements in the documents.
Requirements for a Jurat
The Notary should perform the following procedures:
* Ensure that the signer appears before him/her, shows at least one form of ID that provides a physical description of the signer-e.g. driver's license, AND signs the document in his/her presence.
Note: Identification documents are not required if: 1) the signer is personally known to the Notary; or 2) a credible witness, known to both the signer and Notary, swears to the identity of the signer.
# Administer an oath/affirmation.
# Sign, date, and stamp a jurat certificate . The ink stamp should include the date on which the Notary's commission expires. The stamp should be placed next to, but not over, the Notary's signature. (If the Notary does not have an ink stamp, his/her name and commission expiration date must be printed or typed on the certificate as indicated.)
# Make a journal entry. The journal entry provides evidence and an audit trail thereby protecting both the Notary and general public. Required information includes: 1) date and time of notary act; 2) type of act (i.e. jurat); 3) title of document; 4) date document was signed; 5) signature, printed name and address of each signer and, if applicable, each witness; and 6) form of ID -- e.g. identification document, personal knowledge, or credit witness. Note: Journals should be bound to prevent tampering. Journals may be obtained from stationers or professional associations.
# Charge only the statutory fee
I wonder if Zoiek is going to come back here.
Sure. Or anyone can have a seal made, for that matter. You don't need to prove that you are a notary to have a seal made.Quote:
Originally Posted by Zoiek
I would like to know the circumstances surrounding the question.
"Driving a person away" sometimes happens when there is insufficient, inappropriate, incorrect legal advice given. Better to "drive away" than let incorrect advice stand.
Hello Z:Quote:
Originally Posted by Zoiek
Why don't you tell us what the ISSUE is, and maybe there's another way to attack it rather than trying to prove something about a notary... Seems to me, that if you got SCREWED, there's MORE ways to help you than just this ONE.
excon
I know in GA, that all the new notory uses a stamp, not the old seal type. Also a notary does not make a document legal or not legal in general ( some forms such as a divorce document) may require a notary to be filed.) but other contracts the notary is merely a witness, and does not make it any more or less legal, ( just depending on what the document was)
I'm a notary - I have a rubber stamp, no seal. No certificate of authority. My seal has my license # on it. I verify that I have identified the person who signed and that the person who signed is, in fact, that person. I do not read nor do I vouch for the content of the "paper."
An acknowledgement is a different ballgame.
I am also required by law to keep a journal of what I notarized, what the proof was.
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