What can notaries be sued for?
Asked by: Vance Kuphal | Last update: May 4, 2026Score: 5/5 (40 votes)
Notaries can be sued for negligence or misconduct, primarily for failing to properly identify signers (e.g., accepting fake ID), neglecting essential steps like administering oaths, making clerical errors (wrong certificate, expired seal, bad date), overstepping their authority (giving legal advice), or allowing notarization without the signer's presence, leading to document fraud or financial loss, often in real estate or estate matters.
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.
Can a notary 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.
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.
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.
Can I Get Sued as a Notary?
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.
What is the downside of being a notary?
A mistake could result in a lawsuit
Notaries may also have to deal with different forms of documentation and people, which may cause confusion and increase the chances of making a mistake that could result in a lawsuit.
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 tell if someone is a legit notary?
To tell if a notary is legit, verify their active commission on your state's Secretary of State website, check their official seal for your name, commission number, and expiration date, and ensure they use a valid ID and follow proper procedures like recording the act in a journal. A real notary must have a current, state-issued commission and will present their ID and seal, while being impartial and professional.
Will notaries be replaced by AI?
The Bottom Line. AI is a powerful resource, but it will never replace the personal involvement of a commissioned notary public. Notaries must continue to follow the laws and rules that govern their role, personally carrying out each step of a notarization.
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.
When can a notary destroy their journal?
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.
Who can you not notarize for?
In many states, notaries public are prohibited from notarizing the signature of immediate family such as a spouse, parents, grandparents, children, grandchildren, brothers, sisters, stepbrothers, stepsisters, stepparents, mother-in-laws, and father-in-laws.
What type of notary makes the most money?
The Notary Loan Signing Agent (NSA) makes the most money, handling complex mortgage documents for $75-$200+ per appointment, significantly more than general notaries, with high demand in real estate; other lucrative paths include specialized services like Apostille agents, Remote Online Notaries (RONs), and mobile notaries who travel for higher fees.
How long can a notary be held liable?
Under Code of Civil Procedure section 338(f)(3) there is a 6 year statute of limitations for all claims against notaries, whether it's negligence or fraud.
What does a notary usually cost?
A notary cost typically ranges from $2 to $20 per signature/act, depending on state laws and location, with many states setting maximum fees (e.g., $10-$15) for common acts like acknowledgments and jurats, while some places like banks or libraries offer free services. Mobile notaries or special services (like mortgage closings) can cost significantly more, sometimes $50 or higher.
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.
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.
Can I trust an online notary?
Technology alone isn't enough—signers need confidence that their notary and their platform uphold ethical and legal responsibilities. Trust in RON comes from: Regulatory Compliance: Each state has rules that govern how RON must be performed. Platforms must be approved and notaries must be commissioned.
Why would a notary get sued?
If you are notarizing using a Jurat, a verbal oath is required, and the signer must verbally attest to the truthfulness of the documents, and attest that they are signing of their own free will. You can be fined and can lose your commission. This is the number one reason notaries are in court.
Would a notarized document hold up in court?
Judges, government offices, and financial institutions trust notarized documents because of one thing: accountability. Every notary in California is commissioned by the Secretary of State and bound by law to follow strict identification, recordkeeping, and ethical standards.
Is faking a notary illegal?
Knowingly falsifying a Notary certificate is prohibited in every state and can result in severe penalties.
What mistakes can a notary make?
Forgetting to date the notarial certificate or using an incorrect date can render the notarization invalid. For example, when you take an acknowledgment, the signer may have signed and dated the document at an earlier date, but you should date the notarial certificate when you actually took the acknowledgement.
What is the hardest notary exam?
While opinions vary, New York and Louisiana are often cited as having the hardest notary exams due to rigorous state-specific laws and higher failure rates, with Louisiana's exam testing extensive duties beyond typical witnessing (like drafting documents), while New York's is known for its strict, proctored format and detailed legal focus. California is also challenging due to specific fee/fine details and frequent test changes.