Ask Me Help Desk - Civil complaint answer Notary Public not present

Civil complaint answer Notary Public not present

I recently received a coplaint from a law firm representing a lender with whom I did business in the past. In the Complaint, I noticed that all documents attached to complaint (power of attorney, promissory notes, etc)were notarized by a person with whom I hadn't had contact until several weeks after the signing of the documents. The Notary, upon meeting me, did not ask any questions to verify the signatures, nor indicate that she was a Notary (as per WI statutes).

My question is, how do I state this as an Answer to the complaint. Do I ask for a dismissal with prejudice and then list as an affirmative defense? Any help that can be given would be greatly appreciated.

I'm afraid I don't have a suggestion for your answer, but I'm having a hard time understanding the situation - please clarify so that others who may be able to help have a better understanding of what transpired:

Quote:

Originally Posted by braskey90210

all documents attached to complaint (power of attorney, promissory notes, etc)were notarized by a person with whom I hadn't had contact until several weeks after the signing of the documents.

So you signed some documents without a notary being present, correct? To be clear - this notary has certified that she witnessed the act of your signature? So you believe she post-dated her stamp and signature?

Quote:

Originally Posted by braskey90210

The Notary, upon meeting me, did not ask any questions to verify the signatures, nor indicate that she was a Notary (as per WI statutes).

This was several weeks after you signed the docs, right? What was the occasion when you met the notary? A notary doesn't verify that an existing signature on a document is accurate - all they do is verify that the person that they witness signing a document is the person named on the document, so when you use a notary public you must only sign the document in their presence. If this notary has affixed her seal saying that she witnessed the act of your signature, when in fact she wasn't there at the time, that's a violation.

Did you sign the documents?

If you did, you could state in your answer that when you signed them they were not notarized in your presence, nor was the notary present when you signed them.

You could also file a complaint with the agency which commissions notaries in Wisconsin.

Thanks for the answers.

I met the Notary at an off site, business related facility, but not engaging in business between the two of us.

The documents clearly state that the "docutments were signed in my presence," a total misrepresentation of the facts.

Ak Lawyer, I never signed any documents in front of the Notary, nor with the Notary, so Im not sure that any documents offered as exhibits were indeed signed by me.

AK, I have also filed the complaint with the state of WI. Should I attach complaint to the answer?

Quote:

Originally Posted by ebaines

I'm afraid I don't have a suggestion for your answer, but I'm having a hard time understanding the situation - please clarify so that others who may be able to help have a better understanding of what transpired:

So you signed some documents without a notary being present, correct? To be clear - this notary has certified that she witnessed the act of your signature? So you believe she post-dated her stamp and signature?

This was several weeks after you signed the docs, right? What was the occasion when you met the notary? A notary doesn't verify that an existing signature on a document is accurate - all they do is verify that the person that they witness signing a document is the person named on the document, so when you use a notary public you must only sign the document in their presence. If this notary has affixed her seal saying that she witnessed the act of your signature, when in fact she wasn't there at the time, that's a violation.

To clarify,

I did some paperwork with a rep for a finance company. Upon arrival, the finance company's rep stated that the (Notary) manager wished to attend, but could not due to other obligations. The rep was also new to the company, and had very specific instructions on how to go about paperwork.

The relationship with the finance company was less than extraordinary, as they consistently bent the rules of the agreement, charging when they shouldn't have only to cancel the charges after being called on it, and not charging, and using the "as long as you call us, we will work with you" line.

When my business closed, the assets (automobiles) financed through the finance company, were sold and there was a balance due, (saught as the judgement amount.)

When served with papers via mail, the exhibits, (all documents signed) were notarized by an individual with whom I had not been party to any business negotiations or signing.

I have filed the violation against said Notary in WI.

Should I contact the Notary of attorney for Finance Co?

Thanks,

Quote:

Originally Posted by braskey90210

... Ak Lawyer, ... Im not sure that any documents offered as exhibits were indeed signed by me.

You don't remember signing such documents? You are being very carefully choosing your words, and not directly answering my questions; which makes me think that you signed them but are trying to avoid liability on a technicality.

Try this in court and the judge will probably quickly loose patience with you.

Quote:

Originally Posted by braskey90210

AK, I have also filed the complaint with the state of WI. Should I attach complaint to the answer?

No. It's not directly relevant, The fact that you filed the complaint doesn't do anything really to support your answer.

Quote:

Originally Posted by AK lawyer

You don't remember signing such documents? You are being very carefully choosing your words, and not directly answering my questions; which makes me think that you signed them but are trying to avoid liability on a technicality.

Try this in court and the judge will probably quickly loose patience with you.

No. It's not directly relevant, The fact that you filed the complaint doesn't do anything really to support your answer.

AK,

Yes, choosing my words carefully. The judge is out of state, and will likely only see statements and/or documents from me.

I did sign documents, but believe they are invalid as the signor for the finance company forged her/his signature.

Thanks,