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February 3, 2019

Credible Witness Notary — information & resources

Here are some links that explain the credible witness process in the Notary profession. Please keep in mind that each state has a different procedure and rules for credible witnesses and a few states don’t allow this practice at all. Please also keep in mind that a Credible Witness for Notary work is also called a Credible identifying witness as their function is to identify signers who lack proper identification.

California Credible Witness Information
There is a long list of things a California Credible Witness must swear to that go above and beyond the identity of the signer. The credible witness must also swear that the signer cannot easily obtain identification. Here are what the CW must swear to:

1. The individual appearing before the notary public as the signer of the document is the person named in the document;

2. The credible witness personally knows the signer;

3. The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;

4. The signer does not possess any of the identification documents authorized by law to establish the signer’s identity; and general information

5. The credible witness does not have a financial interest and is not named in the document signed.

Please note that the credible witness does not have to swear that the signer has a particular legal name. Shouldn’t that be the whole point of the Oath?

Please refer to page eight and nine of the 2018 California Notary Public Handbook for details.
http://notary.cdn.sos.ca.gov/forms/notary-handbook-2018.pdf

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Information & Resources

Credible witnesses from A to Z
http://blog.123notary.com/?p=452

Glossary Entry — Credible Witness
http://www.123notary.com/glossary/?credible-witness

Which states allow credible witnesses?
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047

Credible Witnesses — the process explained
http://blog.123notary.com/?p=16695

NNA’s guide to credible witnesses
https://www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-challenge-how-handle-credible-witness

NotaryClasses.com guide to credible witnesses
https://www.notaryclasses.com/tutorials/homestudy/56.aspx

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April 17, 2012

What is a credible witness notary or notarization?

What is a credible witness notary or credible witness notarization? 

There is no such thing as a credible witness notary.  Credible Witnesses are individuals who are willing to swear to the identity of another individual who is signing a document in the presence of a notary public.  The notary who is notarizing a signature may not act as a credible identifying witness.  However, some states allow a notary to identify a signer based on personal knowledge which is similar in nature (but not terminology) to being a Credible Witness.
 
There is also no such thing as a credible witness notarization.  However, you could refer to a notarization as one that uses credible witnesses.  Credible identifying witnesses should not be used unless a proper identification document is not available.  Please also keep in mind that many credible witnesses these days do not know the full name of whomever’s identity they are swearing to.  For the sake of integrity, you might want to ask the proposed credible witness, “What is this man’s full name?”. If they say, “Joe?”, and then shrug their shoulders, then perhaps they don’t know Joe as well as they should to be a credible identifying witness.

You might also like:

Where do credible witnesses sign the notary journal book?
http://blog.123notary.com/?p=2508

Oath of two credible witnesses
http://blog.123notary.com/?p=2405

Subscribing witnesses and Signature by X
http://blog.123notary.com/?p=2278

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January 8, 2011

Credible Witnesses from A to Z

Credible Witnesses from A to Z
 
What is a credible witness?
A credible witness, “CW”, or credible identifying witness is someone who can identify a signer at a notary signing.  The credible witness must know the signer and must know the signer’s name.  The witness should know the signer by having met many times in the past through different individuals.  Some states require that the credible witness always knows the notary as well, to create a chain of relationships, while others only require that the credible witness knows the notary if only one credible witness is used.  The credible witness should be an impartial party who does not have beneficial interest in the document
 
Which states allow the use of credible witnesses?
Many states allow credible witnesses, and we documented these states on a forum post
http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  To summarize: Virginia is a state that does not allow credible witnesses.  Most other states that we have information about do allow credible witnesses.
 
States that allow 1 Credible Witness
How many credible witnesses do you need to use in various states? What are the credible witness rules?
Arizona, Ohio, Pennsylvania and several other states allow the use of one CW that must be known to the notary, and must know the signer. 
 
States that allow 1 or 2 Credible Witnesses
California, Florida, and Georgia, among other states, allow the use of one CW if the witness is known to the notary and knows the signer; or two CW’s if the notary doesn’t know either of the witnesses.  These states are unique in that they offer a choice of using one or two credible witnesses.
 
States that allow 2 Credible Witnesses
Tennessee and Missouri allow the use of two credible witnesses to identify a signer.
 
Procedure
Credible Witness Rules can vary from state to state, but as a general rule, you should not use a credible witness unless there is no identification available.  In many cases, the identification available will have a different name variation on it, making it unacceptable to be used when signing documents that have a longer, or different name variation. Whether or not its legal to use credible witnesses in this type of situation is something to look up in your state’s notary manual.
 
The credible witness must SIGN the notary’s journal in California. Rules vary from state to state, so be knowledgeable about your particular state’s rules. The CW must raise their right hand and swear to the identity of the signer.  The CW must also have acceptable identification.  It is wise for the notary to record the CW’s address, ID#, and phone number in their journal. 
 
Common Uses
If a notary is doing a jail signing, inmates never have acceptable ID on them unless a visitor brings it.  When doing a jail signing, an attorney, relative, or friend of the inmate will normally meet you. Make sure they are going to bring the inmate’s ID and that the ID is current and state issued.
 
Hospital signings involve signers who are too elderly to drive in many instances.  These folks often don’t have current identification making the use of CW’s necessary.
 
If you notarize someone who lost their ID, or doesn’t have one becase they don’t drive, you might need credible witnesses. 
 
If the name variation on the document is slightly different from the name on the ID, you might check your state notary manual to see if using a credible witness in this situation is allowed.
 
Issues
A few notaries on our Facebook network have pointed out that many loan signings should not be done using credible witnesses.  One notary in Pennsylvania stated that for loans that require USA Patriot Act ID verification, credible witnesses should not be used.  Another notary in Florida points out that the CW is swearing to the fact that the signer does not have the acceptable identification documents and that it is difficult or impossible to find such documents.

Credible Witness Notary
There is no such thing as a credible witness notary, however you can be a notary that uses credible witnesses.  Just make sure you know how many credible witnesses to use.
 
Summary
After being a notary public in California for eight years, I found that 15% of my signings would not have been possible without the use of credible witnesses, among other “Plan B” type procedures.  Many notaries try to get through their career learning as little as possible about what they need to know to get the job done.  You will be letting future clients down if you are not an expert at credible witness procedures for your particular state.  You could be letting countless clients go high and dry if you don’t know this procedure. Please consult your state’s notary manual to learn exactly what all of the CW requirements (credible witness notary rules) are for your state.

You might also like:

Credible Witnesses – the process explained
http://blog.123notary.com/?p=16695

Credible Witness Scenarios
http://blog.123notary.com/?p=18911

Credible Witnesses – the ins and outs
http://blog.123notary.com/?p=19634

Forum string: Credible Witnesses – the basics

Can a notary be a witness?

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