One out of seven seasoned Notaries I talked to has ended up in court at least once. Generally this happens because of something outside of the Notary’s control. Fraud, theft, or someone taking advantage of a confused elder are the main reasons for court cases.

Notaries who have never been to court think it will never happen to them. It is like car accidents. Bad ones do not happen much, but when they do, if you are not wearing a seatbelt and/or don’t have good airbags, you might be in big trouble. Just because it hasn’t happened yet, doesn’t mean it won’t happen tomorrow, or in twenty years. So, take precautions. Think of these as wearing a facemask if that makes it more relatable.

If a signer is senile, elderly, in a hospital or nursing home, make sure you can identify they correctly and that they can explain to you what they are signing. Don’t ask yes or no questions as they will say yes to anything and are probably on morphine and not all there. If they go over the document point by point, then they know what they are signing today. They might not remember a year from now though, and that is dangerous for you if it goes to court.

Your journal is your only evidence, so if you say, “My state doesn’t require a journal” you are a fool. The state might not require it, but a judge or investigator needs the journal as that is your only evidence of what actually happened.

PRECAUTIONS
1. Make sure the name on the ID proves the name on the document. Don’t use the “you can have more but not less” rule, because notaries always forget which document you can have more on – the ID or the document. So, remember my rule. “The name on the ID must prove the name on the document.” The ID name can be matching but longer, or matching and identical to prove the name.

2. Take a thumbprint unless your state forbids it. I personally might take a thumbprint anyway in Texas because the state forbids selling or distributing that information and not taking it — and that is your only hard evidence of the identity of the signer. Fake ID’s abound, but fake thumbprints do not.

3. In the “Additional Notes” section of your journal write down about the situation, the mental state of the signer, who else is there, and that the signer explained the document to you. This could save your rear if you go to court three years later because you will not remember what happened off the top of your head. Write down anything else noteworthy about the situation to job your memory when investigated.

4. Decline jobs that are too sketchy or if you are unsure that the signer knows what is going on.

5. Have the signer verify who the other people are with them if they are elderly. Sometimes they are not related and sometimes they are scamming the signer.

6. Make sure you know how to give Oaths correctly. You could lose your commission if a judge finds out otherwise.

SUMMARY
I was investigated 3 times, but had my paperwork and thumbprints in order. It took me minutes to query jobs done a year or so ago since I had a stack of journals all in chronological order. I always identified people correctly and took notes in my journal for credible witnesses and other pertinent facts. Be sure to do the same, or even more. If you do everything correctly, you still might end up in court, but it will be a shorter case as you have more compelling evidence as to what happened — especially the thumbprint which is your only hardcoded proof of identity.

Carmen tells me regularly how Notaries get information from random sources on the internet or from other Notaries who don’t know what they are doing. This is dangerous. You are legally responsible for the notary work you do. If you do your work wrong, you can get in trouble with your notary division or in trouble with the law. Therefore, it makes sense that you get your information from reliable sources.

NNA and 123notary publish a lot of notary information online. We are generally well informed and well intentioned. But, there are instances when our information is out of date, unclear, misinterpreted, or just plain wrong.

Getting information from Facebook groups, or other Notaries is a horrible idea because I test Notaries, and most of them score about 30% on Notary knowledge. If you are getting your information from others who would probably score 30%, how reliable do you believe their information would be?

Get your information from your State Notary Division. They are legally responsible for publishing information regarding your state’s notary laws, procedures, forms, etc. Even getting information by phone from the notary division is risky, because they could tell you anything. Look for what is in writing for the safest results.

And remember, even the best Notary teachers out there are wrong about one or two things. I know this because I test them and they are not always right on certain hard to understand or nit-picky things (such as credible witnesses for example.) I am sometimes wrong about notary issues as well, although my track record is quite good overall.

So, get your information from the source itself because you could get yourself and others in trouble if you don’t. Additionally, many states have horrible handbooks with very incomplete information about certain topics. In that case, you can refer to other more reliable sources like well established notary organizations which might do a good job explaining some of the less understood notary acts such as Oaths!