Why do notaries get sued?
Asked by: Johanna Kuvalis DVM | Last update: February 10, 2026Score: 4.7/5 (59 votes)
Notaries get sued for negligence or misconduct, like failing to verify signer identity, not requiring personal appearance, or making errors on certificates, which causes financial harm, but they can also be dragged into lawsuits for fraud even when blameless, simply by being involved in a fraudulent transaction where victims wrongly assume the notary was complicit, highlighting the need for Errors & Omissions insurance.
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 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.
What is the risk of being a notary?
Remember that a notary is potentially liable for any of the document signer's losses that can be traced to an improper notarization.
Can I Get Sued as a Notary?
Why would a Notary be 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.
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.
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.
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 to tell 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.
What happens if you mess up as a notary?
Remember, the signer can hold a notary public liable for a mistake in the notarized document. If there is direct wrongdoing in a notarization process, the notary public may be required to cover the damages and penalties.
How much does a mobile notary make per visit?
A mobile notary's earnings per visit vary significantly, but loan signing agents often make $75 to $200+ per appointment, while general mobile notary work can range from $30 to $100+ per trip, depending on location, travel distance, document complexity, and whether they work directly with clients or through signing services. Highly profitable mobile notaries focus on real estate closings (loan signings) or specialized niche markets, adding fees for travel, printing, and administrative tasks.
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.
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.
Is being a remote notary a good side hustle?
Whether you're looking for a work-from-home career, or a side gig to complement your 9-to-5 job, being a remote Notary can provide you that additional stream of income. The amount you earn can significantly increase by using your Notary commission to become a Notary Signing Agent.
Can I refuse to notarize a document?
If the signer doesn't meet certain criteria, the notary may refuse to notarize the document. Here are some situations that apply: The signer isn't there in person (unless the notary is performing a remote notarization). The signer doesn't have a photo ID or otherwise can't be properly identified.
Why are notaries still a thing?
Legal Weight That Matters
Many legal instruments still require notarization by law—real estate transactions, corporate resolutions, and estate planning documents often cannot be legally valid without proper notarization, regardless of digital signature sophistication.
What is the 30% rule in AI?
The 30% rule in AI is a practical framework that says you should start by automating roughly 30% of your repetitive tasks—the ones that eat up time but don't require human creativity or judgment. This focused approach delivers the biggest ROI while avoiding the chaos of trying to automate everything at once.
Which 3 jobs will survive AI?
Which Jobs Are Safest from AI and Automation?
- Health Care: Nurses, doctors, therapists, and counselors.
- Education: Teachers, instructors, and school administrators.
- Creative: Musicians, artists, writers, and journalists.
- Personal Services: Hairdressers, cosmetologists, personal trainers, and coaches.
How long do notaries last?
In most states, a notary commission lasts between four and ten years before it expires. Once a commission expires, the notary must renew their certification and obtain a new stamp to continue performing notarial acts. Here are the standard commission lengths in some states: California – 4 years.
Do notaries supply witnesses?
Sometimes, when notarizing a document, a Notary or other individual is also asked to serve as a document witness. Acting as a document witness is not an official notarial act. The Notary acts as a private individual to witness someone signing the document in addition to officially notarizing it.
Can you be a lawyer and a notary?
Yes, but with limits. An attorney who is a licensed notary can notarize documents as long as: They verify the signer's identity using proper ID. The signer is willing and understands the document.
How much do notaries make per signature?
A notary typically makes $5 to $15 per signature for general work, set by state law, but can earn $75 to $200 or more per appointment as a mobile notary or signing agent for specialized services like loan closings, often adding travel and convenience fees. Earnings vary significantly by state, demand, and specialization, with some states limiting fees strictly (e.g., $2 in NY) and others allowing higher, reasonable charges or travel fees.
How much to notarize at FedEx?
FedEx offers online notary services through Notarize, typically costing $25 for the first seal on a single document, with an extra $10 for each additional seal or supplied witness, though physical location fees can vary and some authorized centers might offer lower rates. Not all FedEx locations provide in-person notary services, and state laws dictate fees, so it's best to check online or call ahead.
What's the most a notary can charge?
You can charge a maximum fee set by your state (often $5-$15 per notarial act like an acknowledgment or jurat), plus additional, separate fees for services like travel, urgent requests, or Remote Online Notarization (RON), but you must disclose all fees upfront to the signer, often itemizing them on a receipt. State laws vary significantly, with some states having no limits for certain acts, so checking your Secretary of State's guidelines is crucial.