No Changes in VA Notary Law

A check of the internet and the web of the Secretary of the Commonwealth of VA shows no changes. Electronic notarization remain in limbo since the standards have not been approved and no notary has been appointed as an electronic notary. A special appointment is needed to become an electronic notary. As I have stated earlier, I do not expect electronic notarization to be common even if standards are approved and notaries are commissioned as electronic notaries.

I am very impressed with some couples

I am very impressed with some couples. I meet couples who are bravely standing by and helping a very disabled or ill spouse. Va law is very clear. All spouses are 100% disposable by reason of divorce anytime and for no reason. During my notary travels, it is wonderful to meet these loyal couples. Divorce is necessary at times. As I have stated earlier, when a spouse sends a torpedo into marriage, press the ejection button and get on a new airplane, Do not get angry. I am also seeing couples have come to an agreement to go their separate ways. I am pleased to notarize their agreement so they both can have a new beginning.

Does the Notary need to check the government photo id of the Witnesses?

I record and check the government photo id of witnesses. Furthermore,I sign them into my book. This is required if the notary certificate includes the names of the witnesses along with the signer(s). However, I do this regardless of what the notary certificate says. The client is not and should not be charged for this extra work. If there is controversy later, I have a record the witnesses in my notary journal.This may be redundant since many drafter of wills and power of attorney documents require the witnesses to put their name & address. Maybe it would also be good idea of signers and witnesses to also write down their email. People move. A very good British friend moved but I tracked him down since I had his email. People sometimes keep the same email for years.

Opening a litigation File on a Non Paying Client

On June 6, 2009 I did 27 notarizations in Springfield VA. The agreement was $5 per notary act plus travel ($25). The representative of the affluent wealthy civic association has refused to pay the $160 and there appears to be no administrative remedies. Consequently, the options are to bill each signer independently or litigate against the the unincorporated entity that does not appear to have an registered agent.
The first step after opening the litigation file is to document all communications and identify all parties and witnesses. After giving notice of the breach contract, one needs to thoroughly check the background from public records civil and criminal.Once the decision has been made to litigate, request for admissions, bill of complaint (warrant in debt) interrogatories, request for production of documents and possible depositions. Deposition sites need to be located. Modern technology is such that deposition can electronically recorded. Before one launches a litigation, one must be totally prepared with written briefs supporting your case. If I want to alert the media so the issue will receive appropriate coverage.Certainly, the smaller media outlets may have interest in a notary who did not get paid by wealthy Springfield Homeowners Association that will benefit thousands of dollars by a successful rezoning case.The bad news for the defendants is that I am GW trained legal assistant with extensive legal ability.

Celebrity Clients

The notary needs to check the government photo id of all celebrity clients even if the notary thinks they are public officials like Mr. and Mrs. Obama. A very famous soap star moved from Florida to Virginia and left her government photo id in Florida. She had plenty of newspapers articles with her picture and she was clearly known to millions over the years. The presiding notary declined to notarize her signature until the photo id arrived from Florida. While the presiding notary was perfectly correct in declining to notarize, other options might have used. Two people with photo gov id who know the person and have no interest in the document could have been used. Alternatively, one person with id who is known to the notary and who knows the individual and has no interest in the document could have been used. However, both options should be used infrequently. If President Obama and Michele Obama need notarization in VA, I will definitely check their government photo id. The presiding notary has the absolute right to say no and there is no appeal from the presiding notary.

Clients are all members of the board

When the clients are signing as members of the board of an entity, this must be specified both in the signature line and in the notary certificate. The notary is not responsible to check the corporate documents to prove they are all members of the board. However, the notary must check the government photo id of member and have them sign your notary book. The notary could do a jurat and ask each member to affirm his/her membership on the board. The notary could also simply ask the individual to affirm that he/she is a member of the board.

Cash only!!!

Another mobile notary told me of several times checks bounced and the people could not be found or/and moved out in the middle of the night. Clearly, this is another form of non payment of notary fees with no easy remedy. This has not happened to me yet and I do not take credit cards. Cash only is now my policy unless I am dealing with an establish corporate entity or someone I known for a long time. Cash only is an excellent policy for all notaries!!!!!!!