Can Notaries Be Detained? Understanding Notary Public Law Enforcement

A notary public is a government-appointed official who serves as an impartial witness to the signing of documents and performs other official acts, such as charging fees and administering oaths. In the US, each state has its own requirements for becoming a notary public, including age and residency restrictions, as well as eligibility criteria related to criminal history. Notaries are subject to a code of conduct and can face serious penalties, including fines and imprisonment, for misconduct or violations of the law. While the specific consequences may vary by state, it is clear that a notary can be detained by law enforcement for certain infractions.

Penalties for notary misconduct

Notaries rarely engage in illegal activity or illegal notarization. The most common issues with notaries are a lack of skill, negligence, or bad tempers. However, when notary misconduct occurs, there are serious penalties in place. These penalties vary depending on the state, with California being the most stringent.

Civil and Criminal Liability

A notary's official misconduct can result in civil and criminal liability. If a notary's negligence or misconduct leads to financial losses for an individual, that person may sue and recover damages from the notary public. The notary may also face disciplinary action by the state's commissioning authority, including suspension or revocation of their commission.

Fines

Notaries may be subject to fines for misconduct. For example, in California, a notary can be fined up to $2500 per incident for failing to obtain a thumbprint, $10,000 per incident for failing to check a credible witness's identification, and $750 per incident for failing to administer an oath.

Imprisonment

In rare cases, notary misconduct can result in imprisonment. For example, a notary who assists in fraud concerning real property may face jail time.

License Revocation

Notary misconduct can also result in the suspension, revocation, or refusal to grant a notary commission. This can occur in cases of professional misconduct, such as dishonesty in professional activities, or failure to perform the duties of a notary, such as administering oaths.

Complaint procedure

If you wish to file a complaint against a notary public, you must first review the specific rules and laws governing notaries public. Your complaint must allege a violation of these rules and laws. In the state of California, if a notary public has violated California notary public law, the complaint is to be submitted to the Secretary of State, who will then investigate and evaluate the violation of the law and take disciplinary action if warranted.

If the complaint involves fraud or other criminal acts, such as forgery, embezzlement, or elder abuse, it should be reported to local law enforcement authorities or the district attorney's office in the county where the alleged acts occurred. If you are seeking to cancel or modify a contract or other document, or seeking monetary compensation, you should consult a private attorney. The Secretary of State's office cannot represent a complaining party in an administrative, civil, or criminal proceeding or provide legal advice.

To file a complaint, you must first have the notary's information, including their name and notary ID. The complaint must be notarized before submitting it through the designated portal. You may also need to submit a copy of the notarized document in question. Once you have submitted your complaint, you will receive verification when it is received, opened, rejected, or closed. Please note that investigators may have limited information to provide after your complaint is opened.

For more detailed instructions on filing a complaint, please refer to the relevant state or local government website, as the process may vary depending on your location.

Eligibility requirements

Candidates for notary public positions should demonstrate integrity, strong ethical standards, and the ability to remain impartial and unbiased during notarizations. They should also have strong communication skills, as they frequently interact with the public. A background in law, real estate, or finance is beneficial but not mandatory, as varied professional experiences can also prepare individuals for the role.

Most states require notary publics to complete mandatory training courses that cover local laws, procedures, and ethical practices. These courses ensure that candidates are well-prepared for the responsibilities of the position. In addition, candidates may be required to pass a state-specific exam to demonstrate their understanding of the material.

It is important for individuals interested in becoming a notary public to research the specific requirements and application process for their state, as there may be unique considerations or additional steps involved.

Notary insurance

While there is no specific mention of a notary being detained by law enforcement, breaking the law when notarizing can result in serious penalties. Notary misconduct can lead to various consequences, which vary across different states. To protect themselves from potential legal repercussions, notaries can consider purchasing notary insurance.

The specific coverage offered by notary insurance policies can vary, but typically they include protection against claims of negligence, errors or omissions, and misuse of notary seals or equipment. Additionally, some policies may provide coverage for defamation, invasion of privacy, and breach of duty claims. It is important for notaries to carefully review the terms and conditions of their insurance policy to understand the scope of their coverage.

When purchasing notary insurance, notaries should consider factors such as the coverage limits, deductibles, and exclusions. The coverage limits represent the maximum amount the insurance company will pay in the event of a claim, so it is essential to choose a limit that adequately protects the notary's financial interests. Deductibles refer to the amount the notary must pay out of pocket before the insurance coverage kicks in, and exclusions are specific situations or risks that are not covered by the policy. Understanding these factors can help notaries make informed decisions about their insurance choices.

In addition to standard notary insurance policies, some companies offer specialized coverage for particular risks. For example, cyber liability insurance can protect notaries against data breaches or cyber attacks, while fidelity insurance covers losses due to dishonest or fraudulent acts by employees. Notaries may also consider purchasing additional coverage for legal defence costs, which can provide financial assistance in the event of a lawsuit arising from their notary services. By investing in comprehensive notary insurance, notaries can minimize their exposure to financial and legal risks, ensuring their protection and stability in the long run.

Revoking a notary commission

A notary public holds an important position of trust and is responsible for verifying the authenticity of signatures on documents, among other duties. As such, they are expected to adhere to strict standards of conduct and ethics. Failure to do so can result in serious penalties, including the revocation of their notary commission.

The process of revoking a notary commission can vary depending on the state and the specific circumstances, but generally, it involves an investigation into the notary's conduct and a determination that the notary has engaged in misconduct or violated the law. In some states, the Secretary of State has the authority to revoke a notary commission, while in others, a court or other governmental body may be responsible.

One common ground for revoking a notary commission is malfeasance in office, which can include a variety of wrongful acts or misconduct. For example, in Nebraska, malfeasance in office can include failure to follow the requirements and procedures for notarial acts, violating confidentiality provisions, or being convicted of a felony or other crime involving fraud or dishonesty. In Colorado, the Revised Uniform Law on Notarial Acts (RULONA) provides that a notary's commission may be revoked if there is a finding or admission of liability in a civil lawsuit based on the notary's fraud, deceit, or dishonesty.

It is important to note that the revocation of a notary commission is typically a serious and rare occurrence, and there may be other penalties or disciplinary actions that can be taken for less severe misconduct. These can include suspension, censure, or a requirement to undergo additional training.

Frequently asked questions