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Can i sue the notary?

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Just Blue

Senior Member
A notary signed and stamped an affidavit without the signer's presence in favor to her former boss, and her former boss uses this notarized document against us. We spent so much money to find out this fact. Can we sue her and her former boss?
U.S. Law Only.

:rolleyes:
 

Just Blue

Senior Member
we are in Atlanta, Georgia. Any detail will be appreciated!
The total lack of real information will make it difficult to answer your question...

I will say you are free to sue. Don't know that you will win...But you have the "right" to sue.
 

Rosey88

Junior Member
Is there any legal rule we can base on to sue her for her behavior? People told me what she did is illegal? If i sue her, for sure i want to win.
 

Just Blue

Senior Member
Is there any legal rule we can base on to sue her for her behavior? People told me what she did is illegal? If i sue her, for sure i want to win.
Again...Can't say as you refuse to post any real information regarding this legal situation.

BTW...Is English your second language? :confused:
 

LdiJ

Senior Member
Is there any legal rule we can base on to sue her for her behavior? People told me what she did is illegal? If i sue her, for sure i want to win.
You can certainly report her to the Notary Commission. That can get her in a great deal of trouble. However, if the signatory was known to her well enough for her to recognize the handwriting, and perhaps for her to confirm the validity of the signature over the phone, she may have a defense. The only thing that a notary does is validate a signature. In addition, if the document was something that didn't actually require a notarized signature, then her actions would not have caused you any damage.

People often have things notarized that don't actually require notarization.
 

FlyingRon

Senior Member
The question people are fishing for and you aren't answering for is "How are you damaged?"

You can't prevail in a lawsuit just because someone does something wrong. They have to have done it and caused you damage.
Was whatever the damage caused because of the notary's misconduct or something that the putative signer caused?
 

Rosey88

Junior Member
You can certainly report her to the Notary Commission. That can get her in a great deal of trouble. However, if the signatory was known to her well enough for her to recognize the handwriting, and perhaps for her to confirm the validity of the signature over the phone, she may have a defense. The only thing that a notary does is validate a signature. In addition, if the document was something that didn't actually require a notarized signature, then her actions would not have caused you any damage.

People often have things notarized that don't actually require notarization.
Thank you so much!!
 
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Rosey88

Junior Member
The question people are fishing for and you aren't answering for is "How are you damaged?"

You can't prevail in a lawsuit just because someone does something wrong. They have to have done it and caused you damage.
Was whatever the damage caused because of the notary's misconduct or something that the putative signer caused?
Can the fact above prove her misconduct caused damage financially,not to mention stress we suffered.
 

Just Blue

Senior Member
Thank you so much!!

The notary doesn't know the signer at all. She admitted in her deposition that the signer was not presence when she notarized the affidavit. (Actually the guy just signed the affidavit without even viewing it.) Her former boss used this notarized affidavit against us in a lawsuit. It costs us a lot to collect the info and pay the attorney for her deposition.
Is there a reason you don't wish to share enough information to help the volunteers to assist you in a REAL way?:confused:
 

cbg

I'm a Northern Girl
Please explain in what way the notarization created the problem. In other words, if everything had happened exactly the same but the document had not been notarized, what would have been different?
 

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