How long can a notary be held liable?
Asked by: Aliyah Harber | Last update: January 31, 2026Score: 4.6/5 (57 votes)
A notary's liability for a faulty notarization generally lasts as long as the notarized document itself remains legally valid, potentially indefinitely, though specific state laws dictate timeframes for administrative penalties or bond claims, often tied to commission terms (e.g., 4 years) but with potential extensions for ongoing damages from errors. While commissions renew, a notary can face lawsuits and financial responsibility for damages caused by misconduct for many years, making Errors & Omissions (E&O) insurance and surety bonds crucial for protection.
Can notaries be held liable?
Lawsuits And Financial Liability
Even if a state does not fine a Notary or levy other punishments for misconduct, a Notary can still be sued by a signer in civil court if the Notary's actions were responsible for financial losses — whether the Notary made the mistake intentionally or not.
Is there a time limit on notarized documents?
An affidavit that has been notarized will not expire, as notarized documents can be considered legally valid indefinitely unless specifically stipulated to the contrary.
What are the rules for notary in Illinois?
The following are basic rules for proper and safe notarization: 1) Keep your notary seal in a safe place; 2) Do not notarize a signature unless the signer is present at the time of notarization; 3) Do not lend your stamp to anyone, including your employer; 4) Do not identify a document signer on the word of a friend or ...
What is the most common mistake made by a notary?
The most common and serious mistake a notary makes is failing to ensure the signer personally appears before them, which is a legal violation and can lead to fraud and major penalties, but other frequent errors involve incomplete or incorrect notarial certificates, such as missing dates, improper seal placement, illegible stamps, mismatched names, or attaching the wrong certificate type, all of which can invalidate the document.
Notary Publics Minimize Your Liability
Do Notaries get sued a lot?
It's not unusual for a Notary to be named in a lawsuit simply because plaintiffs are obligated to cast a wide net. In other words, the civil process is “Sue first, ask questions later.” And even with the best outcome, being sued is incredibly disruptive.
Do Notaries hold up in court?
Facilitates Legal Transactions
Similarly, wills, power of attorney forms, and specific contracts typically need notarization to be legally enforceable. With notarization, these documents might hold up in a court of law or might not be accepted by institutions.
Can a notary refuse to notarize without giving an explanation in Illinois?
(e) A notary public or electronic notary public shall have no obligation to perform any notarial or electronic notarial act, and may refuse to perform a notarial or electronic notarial act without further explanation.
What makes a notary valid?
The notary is responsible for properly identifying the person and administering a verbal oath. If the sworn statement is in the form of a written instrument, the notary will also witness that person's signature and make a written record of the event in a notarial certificate.
Is being a notary a good side hustle?
Yes, being a notary is often considered a great side hustle because it offers flexibility, low startup costs (compared to some businesses), high demand for essential services, and the potential for good hourly earnings, especially as a mobile notary or loan signing agent, with Remote Online Notarization (RON) adding work-from-home opportunities.
How long is a notarized will good for?
While notaries must renew both their commission and stamp on a regular basis according to state requirements, the notarizations that they place on documents do NOT expire. Valid indefinitely, a notary's seal and signature on a document will authenticate that document and its contents for the full life of that document.
What invalidates a notarized document?
A notarized document can be invalidated by fundamental flaws like improper identification, lack of signer presence, blank spaces, missing signatures, or an expired notary commission, as well as fraudulent acts, unauthorized alterations, backdating, or the notary acting with a conflict of interest, all undermining the document's authenticity and the integrity of the notarization process.
Can I just let my Notary expire?
As a notary public, staying on top of your commission expiration date is crucial. Letting your commission lapse—even unintentionally—can disrupt your ability to serve clients, cause delays in important transactions, and even put you at legal risk if you perform notarial acts after your authority has expired.
How to not get sued as a notary?
10 steps Notaries can take to avoid being sued
- Never notarize for a signer who isn't present.
- Don't notarize incomplete documents.
- Always identify your signers.
- Verify your signer's willingness and awareness.
- Keep a journal record of your notarizations.
- Stay impartial and don't offer advice.
How much does a $50,000 notary bond cost?
A $50,000 notary bond typically costs a small percentage (0.5% to 10%) of the bond amount, meaning around $250 to $5,000, but for specific states like Alabama requiring this amount, the price is fixed, often around $70-$140 for a 4-year term, depending on packages and credit, as the bond amount is set by law, not individual risk.
What happens if a notary messes up?
A mistake can trigger an immediate rejection and result in penalties and additional fees. In most severe cases, the notary public becomes highly vulnerable to civil litigation. Mostly, notaries are aware that there are many moving pieces in a notarization process.
How to determine if a notary is legit?
To check if a notary is valid, look for their official stamp with a clear name, commission number, and expiration date, then verify these details online on your state's Secretary of State website, using their notary search tool to confirm the commission is active and matches the stamp, ensuring the document shows a valid seal and signature for legal authenticity.
When a notary seal is no longer valid, it must be?
Turn in your old Notary seal
If your state requires it, old seals should be turned over to the appropriate agency in your jurisdiction, typically the commissioning official.
Can a notary use a picture of your ID?
Accepting a photocopy of an ID could result in legal liability. Three states – California, Florida, and Tennessee – have statutes that say that the standard of care for a Notary in accepting an ID to verify a signer's identity is “reasonable reliance” on the presentation of the ID.
What happens if a notary does not witness signature?
In the vast majority of situations, the notary has to be there to witness the person sign the document. If a notary does not witness the person sign the document, then you may need to start over. On the other hand, there are situations where a notary receives a document that has already been signed.
Can I write my own will and have it notarized in IL?
Yes. But as with most legal matters, there's a little more to it. Notarization is optional for Illinois wills, although obtaining it provides important advantages to beneficiaries. A notarized self-proving affidavit attached to your will eliminates court delays that could extend from weeks to even months.
Can a notary say no?
One of the most common reasons a notary may refuse to proceed is invalid identification. California law requires that the signer present a valid, government-issued ID that includes: A photo. A signature. A physical description.
Why do notaries get sued?
1- Notarizing for someone who isn't present at the time
Engaging in such practices exposes the notary to significant legal risks, including criminal charges for fraud, revocation of their notary commission, and civil liability for damages resulting from reliance on the notarized document.
How long does a notary keep records?
California requires its Notaries to keep all completed journals as long as they maintain a current Notary commission. California Notaries whose commissions end without being renewed must turn in their journals within 30 days to the county clerk's office where their oath of office is on file.
Can you break a notarized agreement?
If both parties consent to cancel the document, they can draft a new termination or rescission agreement that voids the original notarized document. This new contract must also be notarized to ensure legal validity.