Some notaries may decline to enter the room and leave without notarizing. No one will fault you. Mercer bacteria can be deadly and there are few antibiotics that will kill the bacteria. If you decide to enter the room, you need to take the following precautions:
1. Wash your hands before entering and after you you leave.
2.Put on disposable gloves before entering the room.
3, Put on a disposable gown.
4. Va does not require a log book signature - leave your notary book and supplies outside the room.
5. Put on a disposable mask and preferable a disposable cap.
6. Observe the signing after determining the identity of the individual and determining that the client understands what is being signed.AS you are leaving the room , remove mask, gown, gloves, and hat and place them in the proper receptacle.
7.Complete your notarization and stamping and entry into you book outside the room and make note why you did not have the client sign the book.
More info go to http://www.staph-infection-resources.com/faq.html#mercer
Paralegal Mediation Mobile Notary Practice and Science Math Tutoring Services
Thursday, January 22, 2009
Thursday, January 8, 2009
The School System is violating your client's civil rights?
During a notarization you discover that the local school system is possible violating the civil rights of your client in a non criminal manner. Do you call Va Dept of Education 1804-225-2618 Notaries are not Judge Judy, Dick Tracy, Raymond Burr, or Perry Mason. You complete the notarization: no further action is necessary!!!!!You refer the client to the Va Dept of Education where there is a person assigned to investigate civil rights violations!!!You can also refer them to the U.S. Department of Education:
The OCR National Headquarters is located at:
U.S. Department of Education
Office for Civil Rights
Customer Service Team
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Telephone: 1-800-421-3481
FAX: 202-245-6840; TDD: 877-521-2172
Email: OCR@ed.gov
The OCR National Headquarters is located at:
U.S. Department of Education
Office for Civil Rights
Customer Service Team
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Telephone: 1-800-421-3481
FAX: 202-245-6840; TDD: 877-521-2172
Email: OCR@ed.gov
Tuesday, January 6, 2009
Are Supervisors of Notaries Criminal liable for the criminal acts of the notaries they supervise?
US vs Park, 421 U.S. 658 (1975) http://supreme.justia.com/us/421/658/ held that supervisor of a lower echelon employee could be held liable for the criminal misconduct of the employee if the supervisor did not take corrective action once the supervisor discovered the misconduct. The decision only applies to criminal actions,not civil matters. Clearly supervisor of notaries need to be watchful of their notaries.However,this would also apply to a school district executive who failed to take corrective action once embezzlement was discovered by the executive. A Principal who discovers an Assistant Principal engaged in obstruction of justice or witness tampering would required to take corrective action to avoid criminal prosecution. Once state prosecutor discover this decision they could turn into pit bulls with law licenses when they are dealing with criminal misconduct of notaries and their supervisors who failed to take corrective actions of the criminal misconduct of the notaries they supervise!!!!
The VA Notebook says the following:
Liability of the Notary’s Employer
The employer of a notary may be civilly or criminally liable for certain acts.
The employer may be liable for damages caused by the notary’s official misconduct if:
The misconduct was performed as part of the notary’s employment
The employer knew about the misconduct, or should have known about it
Any employer who encourages, threatens, or otherwise intentionally causes an employee to violate the notary laws may be found guilty of a misdemeanor.
The VA Notebook says the following:
Liability of the Notary’s Employer
The employer of a notary may be civilly or criminally liable for certain acts.
The employer may be liable for damages caused by the notary’s official misconduct if:
The misconduct was performed as part of the notary’s employment
The employer knew about the misconduct, or should have known about it
Any employer who encourages, threatens, or otherwise intentionally causes an employee to violate the notary laws may be found guilty of a misdemeanor.
Thursday, December 11, 2008
DO NOT LIE TO A NOTARY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
VA Notaries are authorized to take sworn statements from individuals and document that the person has affirmed the statements under oath. Willfully lying to a notary while under oath is a crime. Furthermore, lying during a deposition when you have sworn to tell the truth is a crime. The former mayor of Detroit has been convicted because he lied to a notary. A notary is not a dude with a stamp.The notary is a public official appointed by the Governor for a specific term.
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Friday, November 21, 2008
Checking the ID Of Your Ninety Year Old Client
Checking the id of your ninety year old client can be challenging, Yes the client has a government issued picture id. However, the picture is old and it is difficult sometimes to determine if that picture is really the client. You can have someone known to the notary with their own id swear under oath that the client is indeed Jane Smith. Additionally, visit my blog entry NO ID NO Notarization? However, you can also check what cards the client has with the name on it. Power of attorney document with very broad authority need to be approached cautiously. Furthermore, make sure the client understands the document and trust the person who is getting the power of attorney
Thursday, November 13, 2008
All Notaries Need to Contact the VA Legislature RE Electronic Notarization
All notaries need to contact the members VA legislature as soon as possible in regards to the stalemate on electronic notarization. The electronic notarization law got passed and was suppose to go into effect July 1,2008. However, the executive branch stated that standards had not been set for electronic notarization. The members of the VA legislature need to be encouraged to determine what standards need to be set. I am personally cautious about electronic notarization. The person still needs to appear before the notary!!!!However, a device is inserted into the computer in some states. If this device is lost or stolen, this could be huge possibility for fraud. In all probability, only notaries with huge corporate account where major filings occur will be using the electronic notarizing even when the legislature sets the standardss. The blog on the right side has a link to the VA legislature.
Saturday, July 5, 2008
ROLE OF THE NOTARY NOTARY DURING THE NOTARIZATION
DURING THE NOTARIZATION, THE NOTARY, NOT THE LAWYER, IS IN CHARGE. THE LAWYER IS LIMITED TO ANSWERING LEGAL QUESTIONS FROM THE CLIENT. THE NOTARY IS LIKE A HARBOR PILOT GUIDING A LARGE VESSEL TO THE DOCK. WITH THE NEW CHANGES IN VA LAW, I THINK MANY INSTITUTIONS WILL CURTAIL THEIR NOTARY OFFERING SINCE THERE IS A CLEAR CRIMINAL LIABILITY FOR SUPERVISORS OF NOTARIES IF THE NOTARY DOES SOMETHING ILLEGAL. WHEN STATE PROSECUTORS DISCOVER US VS PARKS, THEY WILL TURN INTO PIT BULLS WITH LAW LICENSES!!!!
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