Are notaries personally liable?
Asked by: Miss Marie Borer DVM | Last update: October 22, 2025Score: 4.7/5 (17 votes)
A Notary Public is personally liable for negligence or fraud in the performance of the duties of the office.
What are the liabilities of a notary?
A notary public is liable for all damages caused by his or her errors, omissions, improper notarizations, or negligence in the performance of a notarial act even if such actions were made inadvertently.
What are the risks of being a notary?
Notaries deal with lots of different paperwork and people, so it's important to always follow the steps of notarization and record important details of each in a journal. Mistakes could result in a lawsuit, and the more intensive a signing is, the greater the chances of making a mistake.
How powerful is a notarized document?
Key Takeaways. When notarization occurs, a notary public certifies the authenticity of any signature appended to a document. A notarized document carries legal weight because a notary acts as a neutral third-party witness.
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
Notary Liability
What happens if you do a notary wrong?
What happens if a notary makes a mistake? The National Notary Association suggests that even the smallest mistake could have dire consequences. The notarized document could get rejected. A mistake that results in a rejection can result in late fees and penalties on the part of the client.
Which of the following offenses cancels a notary application?
The examples include but are not limited to: assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay child support or failure to comply with a court order.
Will a notarized letter hold up in court?
A common misconception is that notarization automatically makes a document legally binding. In reality, notarization helps verify the identity and consent of the parties involved but does not guarantee legal enforceability.
What voids a notarized document?
Missing or Incorrect Notary Seal
If this seal is missing or incorrect, the document becomes invalid. For example, the seal must include the notary's name, commission number, and expiration date. States like California and Texas have specific requirements for the placement and design of the seal.
Does a signed paper hold up in court?
The Power of a Legally Binding Document
Any written or verbal agreement between two or more parties can be legally enforced in court.
How does a notary get paid?
The two most common ways notaries make money are: Part of an established salary (working for a bank, local post office or another business) As an independent, freelance notary.
Are Notaries trustworthy?
On occasion, Notaries encounter individuals who are being forced to sign a document or whose health condition impairs their decision-making abilities. This is why Notaries are essential to preserving the public trust, as they ensure the integrity of documents while protecting the rights of all parties involved.
Is notary a high risk business?
Even though statistically, less than 2% of full-time notaries end up in court, the risk of a lawsuit is significant enough to make one want to ensure they have coverage.
Is notary income taxable?
According to IRS Publication 17, all fees received specifically for notarial acts should be included in gross income — the amount of money received before anything is deducted — on a Schedule C or Schedule C-EZ (Form 1040).
Do Notaries have to keep a journal?
In California, Notaries are required to keep their journals for as long as they remain Notaries.
What is the liability of signature?
Signature liability is when a person cannot be held contractually liable on a negotiable instrument unless his or her signature appears on the instrument. A signature on a negotiable instrument identifies who is obligated to pay for it. If it is unclear who the signer is, parol evidence can identify the signer.
What may a negligent notary public be personally liable for?
A notary public who fails to carry out the notary duties correctly may be subject to civil liability for any damages caused by the failure or error. If the notary's error enables a forgery, false writing, or other crime to occur, the notary also may be held criminally liable as an accessory to the crime.
How often do notaries make mistakes?
Notary mistakes and errors increase the number of rejected documents. Most rejected documents contain minor or major notarization mistakes. On average, 30% of notarized documents contain mistakes. But depending on your county and state, this rejection rate can vary.
What is one thing you should never do when it comes to documents?
When it comes to handling documents, one thing you should never do is mark the document with a pen or highlighter. This is because using a pen or highlighter can make the document look unprofessional, messy, and it can also damage the document itself, making it difficult to read or scan accurately.
Is notarized legally binding?
To conclude, because notaries public notarize signatures, not the content of a document, notarization does not make a document "legal" or "official" in any way. It is important to note that a document that is illegal or false prior to notarization is still illegal or false even after being notarized.
Does a notarized document supersede a court order?
There is a huge misconceptions that if individuals go and get a document notarized everything is good, but that is not the case because the notarized document is not a court order, it is an agreement between the parties, but ultimately it cannot be enforced because it is not signed off by a judge.
Can I just write a will on a piece of paper?
State laws usually require that a will is "in writing" but do not specify that it must be typed. A handwritten will that meets witness requirements is admissible to probate in most states. However, typing a will is preferred because it avoids forcing a judge to interpret the testator's handwriting.
Can a notary be used in court?
Though they enhance a document's validity, notarization alone doesn't ensure admissibility in court. Courts consider the document's relevance, authenticity, and compliance with specific legal standards during proceedings.
How do you void a notary?
To void a notarized document, legal proceedings must be initiated, often through a petition or lawsuit. This process involves collecting evidence to support claims of fraud, coercion, or errors in the notarization.
Can notaries swear people in?
2093. (a) Every court, every judge, or clerk of any court, every justice, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power to administer oaths or affirmations.