September 2019 - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
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September 14, 2019

The Role of Notaries After a Motor Vehicle Accident

Filed under: Other Guest Bloggers — admin @ 11:13 pm

If you have been injured in a motor vehicle accident, then searching for a car accident lawyer is your top priority. They will help you deal with your claim and ensure that you get the best possible settlement when it comes to damages.

However, your lawyer, and the law firm they are associated with, cannot do anything related to your case without a notary doing their job.

In today’s article, we will talk about the role and importance of notaries after a motor vehicle accident.

Notarized Documents
As mentioned above, your car accident lawyer cannot start working on your case if the documents related to it are not first handled by a notary. This is because the court that will be judging your case will not accept any documents that haven’t been properly notarized.

Law firms usually have an employee that holds a notary license, making them capable of quickly notarizing the documents that are needed on a case that of their lawyers is working on.

However, some firms work with either freelancers or third-party notary services as well.

Failure to Notarize Documents
Before filing a personal injury claim, you must make sure that any of the documents that may be needed in court are properly notarized. If you fail to notarize some of those documents, you will lose both time and money.
Why?

Well, even if one single document is not notarized, you will have to file the entire case again. Moreover, depending on the state you live in and its jurisdiction, your case may end up being thrown out due to paperwork technicalities.
In short, it may take a very long time before you reach any settlement, simply because you or your law firm has failed to notarize a single document.

The Importance of Notaries and Notarized Documents
Given that you have just been injured in a motor vehicle accident, you won’t be keen on walking to a notary and getting your documents notarized. Therefore, you should always rely on a personal injury lawyer, as well as on a notary or two, to complete this process for you.

Moreover, keep in mind that you can get your documents notarized online as well, depending on the state you live in.

As you will have to deal with medical expenses and other bills caused by the accident, it is important that you do everything right and on time, to make sure that you don’t waste a single second, and that you will receive your compensation as quickly as possible.

Concluding Remarks
In short, notaries and notarized documents are vital for the filing of a motor vehicle accident claim. You, your lawyer, as well as the court, won’t be able to do anything with your case if you fail to present them with properly notarized documents.

Still, if you choose to work with a professional lawyer and their law firm, they will most likely deal with this aspect of your claim so that you can focus on treating your injuries.

While a notary is essential for a motor vehicle accident, it is better to focus on working with the right car accident lawyer!

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September 13, 2019

Can You Sue the Doctor Who Misdiagnosed You?

Filed under: Other Guest Bloggers — admin @ 11:09 pm

When you think about the reasons for which a doctor might be predisposed to be sued, misdiagnosing his patients might not be the first thing that comes to your mind. In fact, people believe that a doctor can be accused and sued for malpractice because he had made a fatal mistake, more or less consciously, when performing surgery on a patient or because of a wrong medical treatment recommendation he had done.

Surprisingly as it can be, in the majority of the time, doctors are being sued for having made the wrong judgment about your medical condition, hence misdiagnosing you.

Misdiagnosis – A Common Problem
It has been proved that one out of five patients receive a false diagnosis when they seek medical help for the first time. Some of the reasons behind the misdiagnosis are:
the failure of asking the patient for an advanced description, both verbally as well as visually, of his symptoms,
failing to check his medical history records,
failing to correctly interpret the results of the lab,
failing at the task of directing the patient to the proper medical specialist.
So, when is someone eligible to sue a doctor who failed at diagnosing a patient? Since medicine and law are two distinct areas, first of all, you need to be aware of the fact that not every misdiagnosis, medical mistakes or tragic outcome is eligible for trial. A high number of these errors can be visible in the emergency room where, due to the pressure of the time and the number of patients, doctors are more inclined to make mistakes.

In case of a trial, it is important to check whether the medical standard of care has been met or not. In other words, you need to check if, under the same circumstances, a doctor with the same level of experience in its field, would have identified the right cause of the damages.

You Need Strong Evidence
It has to be proven by an advanced doctor that the incriminated doctor had failed to provide standard care for his patient and as a result of this, the patient was harmed. Failing to make the correct diagnosis is not enough to make the doctor eligible for malpractice.

A specially trained lawyer, such as a colon cancer attorney (a type of disease commonly misdiagnosed), has to prove that the misdiagnosis or delayed diagnosis has harmed the patient. This can be done by showing how the patient’s health took a turn for the worse when being applied treatments that were too harsh and not necessary for their actual disease. This can also happen when the medical treatments were too light and failed at curing the disease or when these treatments increased the probability of complications and even death.

Conclusion
When filing a complaint for misdiagnosis, you have to be aware of these so-called “statute of limitations”. These refer to the time frame within the malpractice occurred, then discovered and finally had been complained against. These limitations can vary from country to country and even from state to state – so, make sure to look up for these time spans.

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September 12, 2019

Is a Handwritten Agreement for Alimony Valid?

Filed under: Other Guest Bloggers — admin @ 11:07 pm

Many people wonder if verbal or handwritten agreements are valid if brought up in court. While businesses will have no issues with such a question, mainly because they rely only on printed and official contracts, there are cases in which a handwritten agreement can pop up in court.

For example, if a couple is going through a divorce and the two decide over alimony, then would a handwritten agreement for that purpose be valid?

Statute of Frauds
A promise and an enforceable contract come with some legal differences between them. However, one thing is for sure, a certain contract or agreement must be in writing to be enforceable under the Statute of Frauds.
These are the types of contracts and agreements that have to be in writing in order to be enforceable:

Contracts for goods or services that total over $500.
Agreements that make decisions after a person’s death.
Payment for another individual’s debts.
The transfer or sale of real estate.
A commercial or residential lease that lasts for more than one year.
Any type of agreement that spans longer than a year.

Judging by the last entry, it is safe to say that handwritten agreements for alimony are valid if the agreement between the two parties lasts longer than a year and it is specified within the agreement.

Is A Handwritten Agreement Enforceable?
As mentioned above, a handwritten agreement or contract is legally binding and enforceable if it spells out the specific details of the agreement, is signed by both parties, and they both agree to its terms.

However, it is well-known that agreements between separated or married persons can be both confusing and complicated.

For example, there were cases in which such an agreement was presented to the court and was ultimately ruled invalid, because it was not signed and acknowledged by both parties in the presence of a certifying officer. However, this can also depend on the state you live in.

The Recommended Action
As you may have noticed, when it comes to contracts, it is clear which ones must be in writing. On the other hand, when it comes to an agreement between a married or separated couple, things get a bit more complicated.

Some states or courts will require that the agreement be notarized after both parties have signed it, while others will deem it valid as long as both parties have acknowledged and signed it.

Still, it is strongly recommended that you engage in any type of agreement in the presence of a lawyer, to make sure that you avoid any future issues that may arise in the court of law.

Even though an agreement on a napkin, signed at a gas station, can be valid, it is much better to have a lawyer and notary look over it before you are certain that it is enforceable.

The Bottom Line
The final and most important piece of advice that we can give in such situations is to always seek legal counsel, especially from someone knowledgeable and experienced with family law.

They will be able to offer you information and insight on whether such handwritten agreements are valid or not, and if they can be used in court to enforce certain action against the opposing party.

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September 11, 2019

How is Property Divided in a Las Vegas Divorce?

Filed under: Other Guest Bloggers — admin @ 11:03 pm

Divorcing in Las Vegas may be a bit different from what you are accustomed to, especially if you have moved here from another state. The first thing that we must mention is the fact that Nevada, the home of Las Vegas, is a community property state.

Basically, this means that each of the two parties involved in a divorce owns 50% of the debts and assets that have been acquired during the marriage.

Naturally, during a divorce, these debts and assets will be distributed equally between the two spouses. However, there are some cases in which the community property can be divided unequally, usually in case of a prenuptial agreement, or of a marital dissolution settlement agreement.

In the following paragraphs, we’ll show you exactly how property is divided in Las Vegas, so that you know what you are entitled to when you file for a divorce.

What is Community Property?
As mentioned above, community property is the property that’s equally owned by each spouse. All of the property that has been acquired by any of the parties during the marriage is labeled as community property, with the exception of a prenuptial agreement between the two parties which states otherwise, or when the court issues a contrary ruling, or if a property is labeled as separate and owned by one of the parties.

What Rights Do the Partners Have in Terms of Community Property?
In the case of a divorce, neither of the two partners may leave in their will more than one-half of the so-called community property. Moreover, they cannot give away that property as a gift, for example, without the other party’s consent. Naturally, the partners cannot sell any real estate that is classified as community property either, unless both parties sign the contract or deed.

Cases When Property May Be Divided Unequally
Usually, all community property is equally split in a divorce. However, there are some cases when this rule does not apply. For example, when there is a prenuptial agreement that states the division of property if the couple enters into an agreement regarding the distribution of their property, or when the court finds one of the spouses to have secreted or wasted community assets.

Separate Property in Las Vegas
As the naming implies, separate property is the property controlled or owned by only one of the two partners. Naturally, the other partner has no right to control it. Separate property is usually the property that was owned by one of the partners before marriage, or that was acquired while the two were married via inheritance, gift, or award for personal injury.

The Bottom Line
In short, the two things that you must keep in mind are the community and separate property. If you know the difference between the two, as well as who owns what, you will have no surprises when the court divides your property during a divorce.
Also, keep in mind that there are some cases in which separate property can become community property. Moreover, domestic partnerships are still under the influence of community property rights, because the couple must register as domestic partners.

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September 10, 2019

Guide to Recognizing Elder Abuse and Knowing Your Rights

Filed under: Other Guest Bloggers — admin @ 11:02 pm

According to statistics, one in ten elders worldwide experiences a form of monthly abuse. However, given that only one in 24 cases is reported, we can expect the figures to be higher.

In this respect, it is important that we know how to recognize elder abuse – no matter if we are sons, daughters, or even elders, as well as our rights and how to apply them. Naturally, one of the first steps we have to do is request the help of a nursing home abuse attorney, so that we can find out more about how we can protect ourselves and our loved ones.

Let’s see how you can recognize elder abuse, and which of your rights you can apply to such circumstances.

Symptoms of Elder Abuse
Many times, professionals miss the signs and symptoms related to elder abuse, mainly because they are very similar to the symptoms of deteriorating mental health.
Still, keep in mind that one’s ability to recognize elder abuse is paramount for prompt intervention, as well as to reduce the impact that the abusive actions had on the person’s physical and psychological well-being.
Obviously, symptoms of elder abuse can be divided into behavioral and physical. Here are some of the signs that will point you to discover if a certain elder is being abused:

Bruises – these usually come in regular patterns or clusters.
Black eyes and welts.
Evidence of lack of medication or even overdoses of medication.
Verbal report – some elders may even report their abuse.
Depression, anger, anxiety, fear, and nervousness.
Avoiding eye contact.
Getting startled easily or even cringing; their eyes may also dart.
Sudden apathy.
Withdrawal behavior.

In some cases, the person responsible for the care of the elder may not allow any visitors to be alone with the elder, or refuse them entirely.

Naturally, these were only a few of the symptoms that should make you take action. Keep in mind that there are physical abuse signs, emotional abuse signs, sexual abuse signs, neglect or self-neglect signs, financial exploitation signs, healthcare abuse, or fraud signs.

Knowing Your Rights
Always remember that every state comes with an Adult Protective Services law that you can rely on. This law helps adults with disabilities and older adults who need assistance, as a result of abuse.
Moreover, there’s also the Administration on Aging, whose purpose is the empowerment of older persons to remain safe within their communities, healthy, and independent.
Among the aforementioned, you can always rely on the National Center of Law and Elder Rights, Legal Services for the Elderly, which provides older people with legal assistance nationwide, as well as the Office of Long-Term Care Ombudsman Programs, which operate in all states.
In short, you could say that you don’t even need extensive knowledge of your rights. If you or your loved one has been abused, there are more than enough laws and associations and support groups to help you deal with this issue.

The Bottom Line
As soon as you notice elder abuse, you must act! Doing so will not only keep your loved one healthy, but will also make sure that the ones responsible will be held responsible in court for their actions.

Even though the elder is in a nursing home, they must be protected from abuse at all costs. This is the same as with children in kindergarten, or employees within their workspace.

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September 9, 2019

What Do You Need to Know Before You Hire a Personal Injury Attorney?

Filed under: Other Guest Bloggers — admin @ 11:01 pm

What Do You Need to Know Before You Hire a Personal Injury Attorney?

Even though the last thing you will want to do after sustaining an injury is dealing with a legal battle, you should always be ready to look into personal injury attorneys. These are the people that can solve your problems and make sure that your case is treated accordingly.

However, simply hiring a personal injury attorney won’t help you deal with your problems faster. There are some things that you need to know before hiring such an expert.

In today’s article, we’ll talk about what you need to know before hiring an attorney to deal with your personal injury case!

You Will Have to Help Them
Most people think that, if they hire a personal injury attorney, they won’t have to do anything else except wait for their case to be dealt with. Wrong!

You will always have to check in with your attorney and make sure that they have all the documentation they need. For example, they may need extra evidence or some other documents that you will have to provide.
In short, even though you pay them, they cannot possibly deal with every single aspect of a personal injury case.

There Shouldn’t Be Any Upfront Costs
Keep in mind that experienced, professional personal injury lawyers usually work on a contingency fee basis. This means that you will not have to pay them anything in advance. Instead, they will only charge you in case of a recovery.
These contingency fees are usually around 33% to 45% of the gross recovery of a personal injury case. The fees are so significant because the attorney takes on the entire financial risk. Basically, if the case is not successful, then they will not get paid.

Given that most attorneys work with a contingency fee, it is recommended that you avoid any attorneys who ask for any upfront fees.

Experience Does Matter
You should not hire a personal injury attorney just for the sake of it. Moreover, you should not hire the most popular one you know, because they may not deal with your case as expected.
Naturally, we are referring to the experience they have with cases similar to yours. Depending on the injury you have sustained, you will want to hire an attorney that has a lot of experience with your specific type of injury.
Before hiring them, make sure to ask a couple of questions and see whether they have dealt with cases like yours or not.

Proper Resources
As mentioned before, the attorney will work on a contingency fee basis. This means that they should be able to fully fund your case, without requesting any money.
There have been cases where the attorney asked their clients to sell a certain item so that they can afford an extra witness. This should never happen. If you lose the case, you won’t get back any of the money you spent, or items that you’ve sold.
Make sure that the personal injury attorney that you are going to hire can afford to fund your case and take on all the financial risk!

The Bottom Line
As you have seen, hiring a personal injury attorney is not as easy as it sounds. They won’t magically win your case, especially if you don’t help them, or if you have failed to properly choose one that fits your situation.
Therefore, it is strongly recommended that, before hiring a personal injury attorney, you make sure that you take no risks and that the person representing you is the right choice for your type of case!

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September 8, 2019

The same signing dispatched from two services?

Filed under: General Articles — admin @ 11:01 pm

This is a new one on me. I never heard of this before. A Notary commenting on our blog claims that a job for a loan on a particular address was offered to him by two signing services at very different prices. One was a low-ball, and the other a more reasonable offer.

She says that the signing services are competing against each other. But, this is weird. What if they both dispatch the job at the same time to two Notaries. Or would that not happen because once they input the information into the server that the job would not show up any more?

I don’t know how the system works, but that is weird. It reminds me of what the airlines do where you pay for one airline and find yourself on another. Hmmm.

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The Notary Pride Parade in West Hollywood

Filed under: Humorous Posts — admin @ 11:01 pm

We are having a Gay pride parade or event in West Hollywood. Lots of people were practically naked and the clubs were booked. You cannot drive through that area without huge traffic problems. A waiter asked if I was going and I said, “Hell no!” I don’t want to be molested. Gay people in this area tend to reach out and touch someone. Why can’t hot women be the same way? If we lived in an ideal world.

But, I think that Notaries should have a Notary pride parade. Except the Notaries should not get naked please. Maybe if you are 20 years old and hot, but not the over 50 crowd please.

There could be a Notary float with a huge notary seal on it — inflatable.
Another float could have signatures hanging on it and off it.
A third float could have an embosser.
Other floats could have documents or certificates.

Notaries could dress up as notary seals or documents or signatures. It would be like Halloween — notary style.

Good God this sounds scary. I think I like it though. I just hope none of the signatures in the parade are false otherwise it would be a falsified parade. What do you guys think?

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September 7, 2019

123notary certification getting more popular

Filed under: Certification & Communication Skills — admin @ 11:00 pm

I heard from a blog comment that several… that means not one, but more than one vendors who hire Notaries are now asking for 123notary certification. That means that since I cleaned up our certification and made it up to a higher standard, that more people value it. Maybe one day it will be highly valued — imagine that.

I will keep a positive thought that our standard will be the highest standard in the land and that people will come from far and wide, and pay big bucks to get our certification. You never know, that could become a reality. We’ll find out. But, we are moving the right direction at least for now.

Our certification is for sale in our loan signing course page. We also have courses on the blog. I recommend doing both as they are different.

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September 6, 2019

How far do you push for payment terms?

Filed under: Notary Fees & Pricing — admin @ 10:59 pm

As a newer Notary, you tend to get pushed around by more experienced companies. They set the terms, they give you the run around, make you fax back far too many pages, cancel jobs at the last minute, and then don’t pay you. Seems like you get a raw deal. Unfortunately in this business, as a new Notary, you have to pay your dues and work for the less than wonderful companies. The question is, how soon can you start being pushy for payment terms?

Ken in NYC is very aggressive for payment terms. He makes people pay up front. He is not a bank and he does not lend money to the signing companies. He charges more than others because he is the most solid Notary in town and people know that. But, he has thousands of loans under his belt. How much experience do you need before you start setting terms? There is no set answer.

You can test your terms out and see how much work you lose. If you demand that the signing company sign a contract with you for your terms, you can see if they sign it. The terms might go over last minute cancellations, printing fees for cancelled jobs, or incomplete signings, second trips, etc. You could even fine them for paying late.

How much experience do you need to bill people up front? Or what if you reduced your fee a bit to charge up front? Would you rather get all your money up front but get less? If you wait to get paid, you will have bookkeeping expenses, lost time doing collections and not get paid part of the time, so giving 10% off seems like a reasonable arrangement for me.

Or perhaps signing companies who don’t have a reputation with you yet would be asked to pay up front. Different terms for different companies. There is another approach. If you trust a company more, few terms or no terms, but if they have a bad rep or you don’t know them then more stringent terms.

In short, there are many ways to manage your terms. It is up to you how you do it. My suggestion is not to have any terms until you get 1000 loans under your belt as well as certifications from three companies. At least that shows you are not fooling around. If you don’t know your job up to my standards in my opinion you don’t merit terms! (ooh, that was mean)

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