• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Navigating Notary Public Duties: Seeking Clarification

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

civeni

Member
Hello everyone.

I have a question regarding notary public duties and responsibilities. I recently became a notary public, and while I understand the basics of witnessing signatures and administering oaths, I'm curious about some specific scenarios.

  1. What should I do if a signer presents an expired identification document?
  2. Can I notarize a document if the signer doesn't speak English fluently?
  3. How do I handle a situation where the signer appears to be under duress or coercion?
I would appreciate any insights or guidance from those experienced in notarial practices.
 


civeni

Member
Hello everyone.

I have a question regarding notary public duties and responsibilities. I recently became a notary public, and while I understand the basics of witnessing signatures and administering oaths, I'm curious about some specific scenarios.

  1. What should I do if a signer presents an expired identification document?
  2. Can I notarize a document if the signer doesn't speak English fluently?
  3. How do I handle a situation where the signer appears to be under duress or coercion?
I would appreciate any insights or guidance from those experienced in notary near me services.
Thank you in advance for your help!
 

adjusterjack

Senior Member
Answers are based on my own experience being a notary.

What should I do if a signer presents an expired identification document?
If it's a photo ID like a driver license that hasn't been mutilated, it should be OK. But if you aren't comfortable with that ask for other forms. People generally carry more than one thing in their wallet or purse, unless they've stolen the wallet or purse.

Can I notarize a document if the signer doesn't speak English fluently?
Shouldn't matter. You're only attesting that the person before you is identified as the person signing the document.

How do I handle a situation where the signer appears to be under duress or coercion?
If you aren't comfortable notarizing someone's signature for any reason, just politely decline to do it.

Beyond all of that, you were probably given a booklet about your state's notary laws along with your seal. Read it.
 

quincy

Senior Member
Hello everyone.

I have a question regarding notary public duties and responsibilities. I recently became a notary public, and while I understand the basics of witnessing signatures and administering oaths, I'm curious about some specific scenarios.

  1. What should I do if a signer presents an expired identification document?
  2. Can I notarize a document if the signer doesn't speak English fluently?
  3. How do I handle a situation where the signer appears to be under duress or coercion?
I would appreciate any insights or guidance from those experienced in notarial practices.
What is the name of your state? It matters.

If “Baxter Estates” (which you said was your “state” in one of your threads) is, in fact, in New York, most of the questions you ask here should have been answered when you were getting your license. Here is a link to the New York notary public license law, which addresses your questions:

https://dos.ny.gov/system/files/documents/2023/01/notary-public-license-law_01.2023.pdf

Your post has nothing to do with Sports, Art, or Entertainment Law.
 
Last edited:

Just Blue

Senior Member
Hello everyone.

I have a question regarding notary public duties and responsibilities. I recently became a notary public, and while I understand the basics of witnessing signatures and administering oaths, I'm curious about some specific scenarios.

  1. What should I do if a signer presents an expired identification document?
  2. Can I notarize a document if the signer doesn't speak English fluently?
  3. How do I handle a situation where the signer appears to be under duress or coercion?
I would appreciate any insights or guidance from those experienced in notarial practices.
What state?
 

quincy

Senior Member
What state?
civeni has been asked that question several times. The closest s/he has come to answering it was to respond “Baxter Estates” which, as Zigner astutely noted, is not a state. :)

There is a Baxter Estates in New York ... but there could also be a Baxter Estates in some country other than the U.S.
 

Just Blue

Senior Member
civeni has been asked that question several times. The closest s/he has come to answering it was to respond “Baxter Estates” which, as Zigner astutely noted, is not a state. :)

There is a Baxter Estates in New York ... but there could also be a Baxter Estates in some country other than the U.S.
Well, perhaps civeni will eventually realize the general info they are getting is not as in depth as it would be had they provided the name of the state. ;)
 

LdiJ

Senior Member
Hello everyone.

I have a question regarding notary public duties and responsibilities. I recently became a notary public, and while I understand the basics of witnessing signatures and administering oaths, I'm curious about some specific scenarios.

  1. What should I do if a signer presents an expired identification document?
  2. Can I notarize a document if the signer doesn't speak English fluently?
  3. How do I handle a situation where the signer appears to be under duress or coercion?
I would appreciate any insights or guidance from those experienced in notarial practices.
Every state has different laws for notaries and therefore you would be best served by reviewing the guidelines for your state. I am a notary myself and can tell you that in my state, there are alternatives for identifying someone that would cover the situation with the expired ID. Also, there would be no problem notarizing the signature of someone who did not speak English as long as they had proper ID (or were identified by a valid alternative method) and were clearly willing to sign. In my state a notary should refuse to notarize a signature where the signer appeared to be under duress or coercion.

Again though, it is very likely that your state has clear guidelines available to cover these situations. Look for them.
 

quincy

Senior Member
I provided a link to everything civeni needs to know to be a notary in New York. His/her questions are answered there. S/he just has to do some scrolling.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top