Life is full of ups, downs, and sideways moments. Sometimes, life’s little bumps in the road inevitably intertwine with legal proceedings or court cases. Unless you are educated in the intricacies of the law, it is easy to get overwhelmed by the jargon and sheer amount of documents involved in legal affairs. In some cases, you may be required to sign a sworn statement. You are likely curious what exactly that entails. Worry not, in this article, we are going to answer all of your questions regarding a sworn statement.

What is a Sworn Statement?

A sworn statement is a legal document that details important facts, evidence, or the statements of parties involved in a specific court case or legal matter. Unlike many other legal documents, a sworn statement does not require the signatures to be notarized. However, a sworn statement includes language confirming that the signer swears the information included is truthful. In fact, a sworn statement often specifically states that the signer will commit perjury if their statement is not truthful.

Under Penalty of Perjury: Explained

Perjury is the intentional falsification or withholding of information during official and/or legal proceedings. Lying about or omitting information is considered perjury. This is true of information written or spoken. In both cases, perjury is punishable by law. When someone signs a sworn statement, they are liable for perjury if they are knowingly being untruthful. Therefore, the responsibility of signing a sworn statement should not be taken lightly.

To further illustrate, you have likely seen a court case play out on TV, be it real or fictional. When a witness takes the stand, they usually place their left hand on the bible and raise their right hand in the air. Then, they will repeat something along the lines of “I swear to tell the truth, the whole truth, and nothing but the truth so help me God.” This oath helps further heighten the importance of telling the truth. Signing a sworn statement does not involve this verbal ceremonial oath. However, the intent and honesty behind signing a sworn statement should be taken just as seriously as saying a verbal oath.

Sworn Statement vs. Affidavit

Affidavits are similar to, and often confused with, sworn statements. Both are documents containing important information pertaining to legal matters. Additionally, both affidavits and sworn statements are intended to contain only truthful information, under penalty of perjury.

However, there is one main difference between the two documents. Unlike its cousin, the sworn statement, an affidavit legally requires certification by a notary public.

What is a Declaration?

A declaration is simply another name for a sworn statement. In fact, a declaration, a sworn statement, and a sworn declaration are all the same thing. However, there are a few individually defining legal intricacies of each that may vary from state to state depending on local laws.

Overall, a declaration upholds the same notion of a sworn statement. Namely, a declaration does not require notarization. Furthermore, the signer of a declaration is subject to committing perjury should information sworn in the document be intentionally falsified or omitted.

Elements of a Sworn Statement

Like all legal documents, there is certain jargon and elements required to make a sworn statement viable. For starters, a sworn statement needs to be as thorough and detailed as possible. Second, whoever is giving the statement should write what they know in the first person. For example, stating “then I saw.. etc”. Furthermore, write the statement in chronological order. Bear in mind the statement should be structured on the basis of fact over personal opinions and feelings.

Logistically speaking, a sworn statement needs to include the author or the statement’s full legal name, the current date, and their signature. A thorough writer may also consider adding some optional contact information, like an email address or phone number.

Declaration of Truth

Finally, the most important element of a sworn statement is a clause, or declaration of truth,  that should be included at the bottom. This clause will state that the author and signer of the statement promises that the information included is true and fully formed. While the exact wording may change, the declaration of truth will usually go something like this:

“I, [insert name], certify, under penalty of perjury of the state of [insert state], that the information provided herein is true and correct to the best of my knowledge.”

This clause heightens the stakes and responsibility of the signer. Upon signing, they acknowledge that they are signing under the pretense of legal action should they knowingly falsify or alter information.

Sworn Statement Examples

There are a number of legal occasions in which a sworn statement may come into play. However, do keep in mind that the laws and acceptance of sworn statements vary from state to state.

Personal Injury Case

One of the most common types of court cases utilizing a sworn statement is personal injury cases. They are countless examples of personal injury cases. Ranging from angry gym goers who stubbed their toes to life-altering injuries sustained from a car accident. Sworn statements are frequently used on small scale personal injury claims. Larger injuries involving higher medical bills call for documents to be notarized, as more is at stake legally and financially.

Let’s roll with the example of a broken “stubbed” toe at the gym. The accuser is suing the gym for damages because they allegedly broke their toe on a piece of equipment. A third-party witness can submit a sworn statement as evidence either confirming or denying the accusers allegations.

Immigration

As you are likely aware, immigration is a massive thread in the fabric of society. Whether you are coming or going, immigration is usually a long process involving countless documents. There are, naturally, dozens of instances in which a sworn statement may be utilized for immigration purposes.

For example, let’s say a couple from different counties gets married. In America, an immigrant can legally apply for citizenship if they are married to a U.S. citizen. However, with an unprecedented amount of “sham” marriages for the sake of a green card, the U.S. has cracked down on confirming the validity of these marriages. If the legitimacy of a couple is questioned, a close family member or friend may submit a sworn statement to immigration testifying to the authenticity of the relationship.

Benefits of a Sworn Statement

There are a couple of reasons, legally and logistically speaking, why a sworn statement may benefit your case. Keep in mind, however, every case is incredibly unique. Therefore, consider the following a generalized guide of possible benefits to using a sworn statement. Consequently, it is a good idea to consult your attorney to confirm the best course of action for you and your particular case.

1. Inability to Appear in Court

In the event of small court claims, sworn statements often save a witness the hassle of physically appearing in court. This is especially helpful when the witness in question resides in a different state than the court case is occurring.

Additionally, sometimes it is more than distance that separates a witness from a courtroom. Sometimes witnesses are dealing with sickness or an ailment. In some cases, advanced age is the simple factor that keeps them from appearing in court.

2. Fresh on the Mind

Sworn statements are useful because they are recorded at the time of the incident. In many court cases, the process is incredibly long and drawn out. Therefore, the witness may not be able to recall the details as clearly as they did in their original statement.

3. Save a Trip to the Notary

As we have established, sworn statements do not require the seal of a notary public. This is convenient for a few reasons. First of all, notarization is not free. The price is both your time and money. Therefore, you can see how some people think sworn statements are a time and money saving shortcut. However, that is not necessarily the case. Which brings us to…

Cons of a Sworn Statement

As with any pro, there is usually a con. Sworn statements, while in some cases incredibly useful, are not always the best legal tool.

1. Call it Human Nature

In court cases, the physical absence of a witness to testify can affect the final court ruling. Despite the possibility of a perjury conviction, it is not unheard of for people to falsify or omit information from a written sworn statement. However, when a witness is cross-examined in-person human nature makes lying much harder. Certain gestures and verbal cues may help inform the validity of a witness’s statement. Furthermore, it is easier to point out and question possible discrepancies if the witness is present.

2. Less Legal Clout

Affidavits and sworn statements are both legally accepted as evidence in a trial. However, an affidavit is more official in most states. A notarized document has legal clout. Without a proper notarization, the court may suspect fraud. The process of notarization, though simple, is vital in preventing fraud.

Procuring an affidavit over a sworn statement can be an easy and effective way to strengthen your case.

Why Notarize?

As previously mentioned, many states have different laws regarding the use and precedence of sworn statements. For example, some states do not consider sworn statements to be viable pieces of legal evidence. Affidavits are preferred over sworn statements in court.

What is a Notary?

Whether you decide to use a sworn statement or an affidavit is ultimately up to you, your attorney, and your state’s laws. Whichever way you go, it is vital to understand what a notary is and how important they are.

A notary, or notary public, is an impartial witness to the signing of important documents. Furthermore, a notary is vital in the fight against fraud. They do more than simply watch someone sign a piece of paper. In fact, a notary not only verifies the identity of a signer but also ensures they are signing willingly and at their own free will.

Notary vs. Attorney

It is vital to understand the differences between a notary and an attorney. Simply put, a notary is not an attorney. Attornies require years of education and vigorous testing to become practicing lawyers. A notary, on the other hand, often requires little to no training or testing. At most, notaries have to take a six-hour long class.

Furthermore, notaries cannot legally draft documents or give their clients legal advice. A notaries job is to correctly identify a signer and confirm they understand and are choosing to sign the document. Should the client not understand the document, the notary is not allowed to help them understand it.

Conversely, it should be known that many lawyers are, in fact, notaries. These notary-lawyer combos can notarize documents within their firm. Lawyers cannot notarize documents they were involved in drafting.

Notary Public vs. Notario Publico

The make matters only slightly more confusing, you may also come across a “notario publico”. While translated directly as notary public, a “notario publico”, in Hispanic culture is more along the lines of an attorney. This is an incredibly important distinction to make. Many sworn statements are drafted in reference to immigration cases.

In Hispanic cultures, a “notario publico” undergoes years of training and practice in the arena of law. In certain places, notario publico’s can legally draft and advice upon documents in which they are notarizing.

If you are dealing with an immigration case, as a client or a notary, understand the differences between a standard American notary and a notario publico.

What Do I Need for a Notarization?

You will save valuable time and money if you come prepared for your notary appointment. The first step to becoming prepared is knowing what to bring. So let’s dive in, shall we?

1. Photo Identification

As previously stated, a vital element of notarization is proper identification of the signer. In order to do this, you need to bring a valid form of photo identification. The most commonly accepted forms of i.d. are a current driver’s license or passport. Some states will also accept military or state-issued identification cards. The primary elements of an acceptable photo i.d. are:

• A recent, accurate photo
• Your signature
• A brief physical description (height, eye and hair color, etc)
• The state of issue (i.e. California for a CA driver’s license)

School or work identification cards are usually not acceptable. To be sure your i.d. will be accepted by your notary in your state check this list of acceptable forms of identification.

2. Anyone Signing

Legal and financial documents often require the signature of more than one person. If that is true in your case, you can save time and money by having all signing parties present at the time of the notarization. Simply put, legal proceedings are infamous for their molasses-like speed. By having everyone sign at once, you have a little bit of power in speeding up the process.

Conversely, if you cannot have everyone appear at once, it is possible to have a document notarized multiple times. In fact, different notaries can even stamp the same document.

For example, say a couple is getting a divorce. After months of dispute, they have finally reached a settlement they both agree on. First, the wife signs and notarizes the divorce papers. The husband cannot simply change the terms of their agreement and then notarize it. Any and all changes have to be approved of by everyone involved, then notarized again.

3. Notary Payment

As you may have suspected, the services of a notary come at a price. Typically, notaries charge on a per-signature basis. As you may know, some documents have dozens of signatures within them, so this fee can add up. However, most states have laws capping the amount notaries can charge for their services. In California, for example, notaries can charge a max of $10 per signature.

Notary prices vary widely based on a number of factors. Primarily, where you live and the breadth of the services you need. Be sure to check with your local businesses about pricing and availability of notaries in your area.

4. The Document

How many times have your torn apart your house looking for your sunglasses, only to find them on your head? We are only human, and even on the most basic level, we make mistakes. Surprisingly enough, people often forget to bring the actual document they need notarized with them to their appointment.

Save yourself a trip back home and triple check that you have everything you need for your notary appointment.

Where to Find a Notary

Fortunately, there are literally millions of notary publics in America. This can make your search both easy and daunting. When looking for a notary, you likely will not have to go too far off your daily path. Take a look at some of the common places to find a notary:

1. The Public Library – That’s right! Not only do public libraries still exist, but they house more than just books. In fact, many libraries offer a notary available as a convenience to the community. Better yet, libraries typically charge little to no fees.
2. Local Banks – Most banks have a notary on staff. If you are an account holding member of the bank, you may qualify for complimentary notary services. Even if you do not have an account if a bank has a notary they have to help you. Notaries are servants of the public.
3. Your Place of Business – If you work for a larger company, there is a good chance your office has a notary on site.
4. Hotels – As an added convenience to travelers, some hotels offer notary services on site.
5. Local Firms and Offices – Consider businesses you are already a customer at – real estate offices, insurance agencies, AAA, etc. Many local businesses have a notary on site to expedite internal paperwork.
6. Car Dealerships – No need to buy a car, but a little window shopping won’t hurt while you get your documents notarized!
7. Mobile Notaries – Better yet, save the hassle of seeking out a notary and have them come to you! For a small added travel fee, you can enjoy the ease and convenience of a notary coming right to your home or business.

Naturally, pricing and availability vary depending on where you live. Be sure to call ahead to book an appointment and confirm any potential fees.

What is a Notary Statement?

We have discussed a number of documents in this article. Sworn statements, affidavits, and declarations to name a few. Well, we are going to add one more document to the mix: a notary statement.  Simply put, a notary statement is essentially the physical proof of a notarization. A notary statement is official with a notary stamp. This seal ensures that the notary confirmed the identity and understanding of all parties that signed the document.

Sworn Statement: In Conclusion

While a relatively simple document, the sworn statement can be an important legal tool. A properly executed sword statement can immortalize the facts of a testimony while they are still fresh in a witness’ mind. Furthermore, it can save a witness the hassle of physically appearing in court. In the eyes of some, sworn statements are easy due to their lack of requirement of a notarization. However, the added legal clout of a properly notarized affidavit can be a smart legal move. Whatever your case, be sure to consult an attorney about what documents and course of action best suit your unique situation.

Sources

https://www.legalmatch.com/law-library/article/what-is-a-sworn-statement.html

https://legaldictionary.net/sworn-statement/

https://www.rocketlawyer.com/article/affidavit-definition.rl

https://www.upcounsel.com/legal-def-declaration

http://www.notarysuccess.com/notary_statement.html

https://www.thebalanceeveryday.com/where-to-notarize-affidavit-896914

https://en.wikipedia.org/wiki/Sworn_declaration

https://www.superiornotaryservices.com/blog/what-need-document-notarized/

Life is full of big moments. Buying your first car, getting married, moving to a new city for a job, having children, and buying a house to name a few. Some of these moments require a large financial contribution. Fortunately, with the help of loans, people are able to invest in bigger expenses easier. For example buying a house, without having to pay for it outright with the help of a mortgage. Often times, loans are tied to a document called a promissory note. This simple piece of paper bears immense legal weight. Whether you are the loaner or the loanee, it is important to understand promissory notes. Fortunately, we are going to tell you everything you need to know about the mysterious and important promissory note right here in this article.

What is a Promissory Note?

A promissory note is a written promise to pay a person or institution money owed. A promissory note is also referred to as a loan agreement, an IOU, or simply just a “note”. These documents are legally binding and ensure that the recipient of the loan will repay the money owed within a certain agreed upon time frame.

Promissory notes are used for student loans, car loans, mortgages, and business loans. Furthermore, “notes” are used for personal loans between family and friends (a notoriously tricky tango). It is primarily the responsibility of the loan provider to draft the promissory note.

Furthermore, promissory notes are an easy way to establish the repayment terms of the loan. This simple act of composing a written record of the money lent and payment schedule can help avoid litigation or other financial drama.

Secured Promissory Note

There are two main types of promissory notes: secured and unsecured. A secured promissory note gives the lender a more grounded piece of mind that they will recoup their investment. Specifically, with a secured note, the borrower will pledge collateral in the event they cannot repay the loan. Collateral is an asset that the borrower forgoes in the event of defaulted loan payments. For example, someone can pledge their car (if paid off) as collateral for a business loan. In the event the borrower defaults, the lender will seize the car and sell it to recoup the money borrowed.

Some loans automatically dictate collateral. For example, in a mortgage, the house purchased is automatically considered collateral. If you, the borrower, default on mortgage payments, the lending institution has the right (within reason) to seize your house.

Loans with secured promissory notes namely benefit the lender. However, loans involving collateral tend to have lower interest rates, which benefits the borrower.

Unsecured Promissory Note

As you may suspect, an unsecured promissory note does not involve collateral. This type of note is a riskier move for the lender because they stand to get nothing in return should the borrower default. However, as the saying goes, the greater the risk, the greater the reward. In this case, unsecured promissory notes typically charge a higher interest rate. Therefore, the lender stands to make more money back on their investment.

Master Promissory Note

As previously mentioned, promissory notes can be drafted to cover a student loan. A Master Promissory Note (MPN) is a tool used specifically in federal student loan transactions.  An MPN is unique in that it can cover multiple loans of the course of several years. This is useful when it comes to student loans, as most students attend college for a minimum of four years and require financial aid. Interestingly enough, an MPN can cover lending for up to ten consecutive years of enrollment. This is especially beneficial for students hoping to pursue higher education such as a masters degree, doctorate, law school, or medical school.

Using a properly drafted MPN helps students avoiding drafting multiple promissory notes throughout their education. Www.savingforcollege.com has a helpful breakdown on everything you need to know about a master promissory note.

Promissory Note Template

For smaller amounts of money, you can easily use a DIY (do-it-yourself) approach to promissory note writing. You can even find a promissory note template you can easily fill in available online. However, if the amount you are lending is quite high, it may be in your best interest to consult an attorney. That way, you can be legally confident that the appropriate legal jargon is utilized to best protect your assets in the transaction.

In order to have the best, legally binding promissory note possible, it is important to include all the necessary details. So, what information do you need to include in a valid promissory note? The basic information necessary for a promissory note is as follows:

1. Loaner (lender) and Loanee (borrower) information
2. The amount loaned (lump sum) and payment plan
3. Security agreement
4. Additional terms
5. Signatures of all involved parties

Naturally, this is just a spark notes approach to promissory notes. Read on to dive into the nitty-gritty involved in each of the above steps.

1. Loaner and Lender Information

First and foremost, a promissory note needs to distinctly define the lender and the borrower. The bare minimum information required is the full legal names and addresses of both parties. Sometimes, promissory notes will include the involved parties social security numbers and/or employer identification numbers.

2. Loan Amount and Terms

Loans are made under a specific set of pre-determined terms. A promissory note must declare the amount that was loaned. Furthermore, a note will declare the date the agreement was made and when the loan is set to mature (i.e. when it is due in full). Sometimes, specifics of a repayment period and due dates will be laid out in the note. For example, a monthly payment of $200 on the 15th of each month until the loan is paid in full.

Finally, in regards to standard loan terms, a note will ideally detail the interest rate of the loan. Interest rate is the percentage charged per month on top of the money owed. This is how lenders make money off of the loans they provide. Let’s say you have borrowed $1,000 with an interest rate of 5%. If you are paying the loan, or the principal, with a monthly payment of $100, you will actually pay $105 monthly. The added $5 covers your monthly interest rate.

3. Security Agreement

Sometimes, a promissory note may include a security agreement. Recall earlier in this article when we discussed secure promissory notes. A security agreement achieves the same goal as a secured note. For example, if you have a note on a mortgage for a house, the lender may legally foreclose your home in the event of payment default on the mortgage. Take, for example, a business loan to purchase construction equipment for your budding building business. Should you become unable to make your payments, the lender can seize your equipment under the terms of a security agreement.

4. Additional Terms

A promissory note can be as unique as the person drafting it. Therefore, additional terms can be included at the discretion of the lender or borrower. For example, certain fees can be added for late payments.

A lender can outline how they want the loan paid off. Such as cash payments only to avoid defaulting checks. Or perhaps a noted fee in the event of a bounced check.

Furthermore, the lender can write in a clause that the note is transferable. Meaning, the lender has a right to sell the note to another lender. Should this transaction occur, the original lender would relinquish any right to payments owed on the loan.

5. Signatures of Involved Parties

A promissory note must be signed by all involved representatives of both the lending party and the borrowing party. To better officiate your note, you should get the document notarized. While not required legally, notarization always makes documents more official in the event legal issues arise. If you stake collateral, notarization is especially vital. Furthermore, lenders of large sums of money should always get promissory notes notarized. We will discuss the process of notarization in more depth later in this article.

Enforcing a Promissory Note

Now that we know what a promissory note is, what is the protocol when a borrower misses a payment? First of all, even when collateral is at state, a lender cannot simply seize a borrower’s assets the moment they miss a payment. In fact, there are a series of written reminders to the borrower, typically in 30-day increments after the due date.

A particularly forgiving lender may choose to compromise with a struggling borrower. For example, asking for partial payment, or extending the final due date to accommodate a more manageable payment plan.

Conversely, at a certain point of passed payment, a lender may choose to sue the borrower for the money owed. Lawsuits are notoriously long and expensive debacles and should be avoided at all costs.

Debt Collectors

On the other hand, a stern lender may opt to use the services of a debt collector. At this point, the lender has no patience for a return on their investment. The lender would rather suffer a small lose by paying the debt collectors fee, than end up with nothing.

Another option is to use a debt collector. This business will work to collect your note and will usually take a percentage of the debt. You also can sell the note to a debt collector, meaning they own the loan and collect the full amount (this is similar to what happens when banks sell loans to each other). If all else fails, you can sue the borrower for the full amount of the debt.

Demand Letter

Sometimes, despite several cordial attempts to collect an outstanding debt, a debt may remain unpaid. As an alternative to a debt collector, the lender may opt to write a demand letter. A well-crafted demand letter is typically a precursor to a lawsuit. A demand letter will formally and firmly request payment of an outstanding debt. Should the debt remain unpaid, the borrower will detail the intent to take legal action.

It is important to consult a lawyer regarding the specific wording of your demand letter. In the event you end up in court, judges do not take kindly to harsh or accusatory language in demand letters. A lawyer can help translate a lender’s understandable frustration into a properly worded demand letter. Paying the attorney’s fees can save you money down the road. Here at www.notaryondemand.com, we have curated an entire article detailing everything you need to know about a demand letter.

What is Notarization?

As previously mentioned, once you have drafted your promissory note, you should get it notarized. You have very likely encountered the need for a notary before. During a notarization, a notary acts as an unbiased witness to the signing of important documents. Very often, these documents are of a financial nature, as with a promissory note. Furthermore, you will usually require the services of a notary if you are signing a legal document. 

You may be wondering, how exactly does having a stranger watch you sign a document make it more official? Well, a notary does much more than observe your signature. In fact, a notary’s primary purpose is to deter and prevent fraud. They do this first and foremost by properly identify potential signers identity. Furthermore, a notary will confirm that any person signing the document is doing so by choice and at their own free will. In some cases, a notary may ask you to swear an oath or affirmation. The specifics of individual notarizations can vary based on your state’s specific laws and requirements.

How to Prepare for a Notarization

In order to facilitate a quick and easy notarization, it is best to come to your appointment prepared. Despite the different laws regarding notarizations across the country, there are some standard best practices for any notarization prep. The following is a list of what to bring to your notary appointment.

1. The Document

You may be thinking “duh”, but you would be surprised how often people forget to bring the document they need notarized. Furthermore, to expedite the process, be sure to fill out any necessary information prior to your appointment. For example, personal information like your contact information and address. However, resist the urge to sign it! While not legally required everywhere, it is always best to sign your document in the physical presence of a notary. This goes for all required initials and signatures in the document. Many documents have multiple areas to sign to further confirm that the signer understands each individual part of the document.

2. Proper Photo Identification

As previously mentioned, the cornerstone of a proper notarization is accurate identification of the signer(s). The standard elements of an acceptable photo i.d. are as follows:

• A current, accurate photo
• The issuing authority (i.e. The U.S. Government for a U.S. Passport)
• A brief physical description (hair color, eye color, height, etc)
• Your signature

The two most commonly accepted forms of identification are a valid driver’s license or passport. A U.S. Military i.d., green card, or state-issued identification are also acceptable. On the other hand, social security cards, birth certificates, and credit cards are not acceptable forms of identification for notaries anywhere.

3. All the Signers

More often than not, documents requiring notarization will need the signature of more than one person. If that is the case, you can save priceless time and money by bringing all the necessary parties to the same notarization appointment.

If that is not possible, say if the signers live in different cities, worry not. Legally speaking, you can have a document notarized more than once. In fact, you can ever have different notaries notarize the document. However, it is vital that the document not be altered or amended in this process. Anytime changes are made to a document, a new notarization must be executed. Keep in mind that most notaries charge a fee per signature so you can see how this could start adding up quickly.

4. Notary Payment

Cleary, the services of a notary come at a price. These prices vary based on a number of factors. However, most states cap the amount a notary can legally charge. California, for example, allows a maximum notary fee of $10 per signature.

Once you find a notary near you, be sure to call and ask about their fee so you are not surprised going into your appointment. Speaking of finding a notary…

Where to Find a Notary

Lucky for you, there are literally millions of certified notaries in the United States. Naturally, this makes finding a notary fairly easy. However, it is always better to start a search knowing where to look. Some common places to find notaries are:

1. Your local public library – That’s right, your local library holds more than just books. Many public libraries will offer the services of a notary public on staff. Better yet, they typically have a very affordable fee.
2. Banks and Credit Unions – Arguably the most common place to find a notary is in a bank. Furthermore, if you are an account holding member of the bank, you may qualify for complimentary notary services.
3. You Workplace – Many larger companies have a notary on staff to expedite inner office notarizations. Perhaps one of your colleagues can provide you with notary services.
4. Real Estate offices, car dealerships, insurance firms – Check with your local businesses to see if they have a notary on site
5. Government offices – Many local government offices offer the services of a notary (Town Hall, City Hall, County Clerk, etc)

Finally, notaries serve the public. Therefore, if any of the above institutions offer the services of a notary, they have to serve you even if you are not a customer or client. Furthermore, call ahead to confirm availability and pricing.

Mobile Notary

Better yet, why seek out a notary when they can come to you!? Nowadays, you can virtually do anything from the comfort of your own home. For example, you can have groceries delivered right to your doorstep. Well, you can enjoy the same luxury with the services of a mobile notary. With availability in larger metropolitan areas, you can have a notary come directly to your home or office.

Please note that many services boast simple and easy online notarizations. However, these are not legal notary transactions. You must physically be in the presence of a notary to properly, and legally, complete a notarization. Therefore, either use a mobile notary or visit one of the aforementioned locations to meet with a notary in person.

Promissory Notes: In Summary

“Borrowing money is famously super fun and easy”: said no one ever. Loans are a sticky business, whether you are the one lending the money or borrowing it. Transactions amongst friends and family can get particularly messy. Fortunately, a well-drafted promissory note can help avoid costly and lengthy legal battles. By simply drawing out the terms of a loan, a promissory note details an agreement made between a borrower and a lender. For small sums of money, you can easily draft your own promissory note. However, when large sums of money and collateral are at stake, you should consider consulting a legal professional to draft your note. Don’t forget to get your promissory notes notarized. Should legal issues arise, you will be happy to have this extra layer of legal clout.

Sources

https://www.legalzoom.com/articles/what-is-a-promissory-note

https://www.inc.com/guides/2010/10/how-to-write-a-promissory-note.html

https://www.inc.com/guides/2010/10/how-to-write-a-promissory-note.html

https://www.savingforcollege.com/article/what-is-a-master-promissory-note

https://www.investopedia.com/terms/d/demand-letter.asp

https://www.legalzoom.com/articles/pros-and-cons-of-using-a-unsecured-promissory-note

https://www.investopedia.com/terms/c/collateral.asp

https://www.thebalanceeveryday.com/where-to-notarize-affidavit-896914

https://www.upcounsel.com/promissory-note-collection-demand-letter

https://smallbusiness.chron.com/components-promissory-75239.html

https://budgeting.thenest.com/secured-promissory-note-22647.html

https://smallbusiness.chron.com/make-promissory-legal-2266.html

At some point or another, you are going to need to get a document notarized. In order to do that, you will have to seek out the services of a notary public. While notarization is a relatively simple process, it carries immense legal weight. Being a notary public is big job with important duties and responsibilities. Due to the constant need for notarizations, notarial services are always in demand. In this article, we are going to tell you exactly how to become a notary.

What is a Notary Public?

Before we can dive into how to become a notary, let us first clarify what a notary public (NP) is. A NP acts as an unbias witness to the signing, or notarization, of important documents. To be more specific, a NP helps prevent fraud and forgeries. Therefore, the role of a NP is quite important. Read on to find out exactly what is involved in the notarization process.

What Happens During a Notarization?

When done correctly, the process of notarizing a document is relatively simple. While specific requirements and notary laws vary by state, the basic process tends to be similar in most states. Below are the five basic steps of a notarization.

1. Identification

A NP does much more than simply watch someone sign a piece of paperwork. First and foremost, a NP must confirm the true and authentic identity of each signing party. They must do this by comparing the person signing to a current, valid form of photo identification. The most commonly used forms of identification are a valid passport or driver’s license. Certain states will also allow military or state-issued photo identification cards. Birth certificates and social security cards are not accepted.

In general, the basic elements of the identification card should include:

• A recent, accurate photo
• Brief physical description (eye and hair color, height, etc)
• Issuing authority (i.e. the state of Texas for a Texas driver’s license)

A quick google search will tell you which documents are accepted in your particular state.

2. Confirmation of Consent

Once the NP has properly confirmed the identity of all signing parties, they will confirm consent. That is to say, the NP will ask the person signing if they are doing so by choice and on their own free will. This is an important step in fighting fraudulent signatures. Sadly, it is not unheard of that someone is forced to sign a document against their will.

Furthermore, the NP will confirm that the signing party understands the document in full. This understanding should be reached before the point of notarization. A notary is not legally allowed to advise upon the contents of a document they are notarizing. More on the difference between a NP and a lawyer later.

3. Oath of Affirmation

Not all notarizations require an oath or affirmation. Specifically, a document that calls for a jurat notarization will require a spoken oath.  An oath is a solemn promise to God confirming truth and good intentions. An affirmation, on the other hand, makes the promise based on an individuals honor as opposed to any higher power. However, both oaths and affirmations carry the same weight.

You have likely heard of the Oath of Office. This is the oath a newly elected President of the United States takes promising to protect and grow the country. Furthermore, all doctors are required to take the Hippocratic Oath promising to uphold an ethical medical practice. Clearly, the importance of an oath should not be taken lightly on either end of the promise.

The Notarization Oath Process

To further clarify, the taking of an oath is a simple act but bears great importance. The NP will ask the docuement signer to raise their right hand during the oath. This easy gesture illustrates the seriousness of the oath. You have likely seen this demonstrated in legal proceedings in the courtrooms of real life and that of television legal dramas. However, in the case of notarization, the signer does not have to put their other hand on top of the bible. This action, in general, is not required by law but is practiced by most notaries to heighten the impact of the oath.

The NP will then recite the oath or affirmation. For an oath, they might say “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?”. Then the document signer must verbally confirm by saying “I do” or “Yes”. A non-verbal acknowledgment like a head nod is not acceptable.

4. The signing of the Document

Finally, after the above proverbial song and dance, the signing of the document can officially happen. All necessary signatures must occur in the physical presence of a NP. In the event amendments are made to the document, the original notarization is, therefore, void and the process must start over again. All signing parties should be notified if, and when, amendments are made.

5. Notary Stamp

The final piece of the notary puzzle is the signature and stamp of the NP themselves. The appearance of a notary’s stamp, or seal, will vary from state to state. Some are round, some are rectangular, some even have the seal of the state. However, all notary stamps will have the same three basic pieces of information:

• The name of the notary
• Their state of certification (Texas, California, etc)
• The expiration date of their commission

To be clear, when the current notary commission expires, any documents stamped with that particular seal do, in fact, remain valid.

How to Become a Notary Public

Now that you thoroughly understand the process of notarization, let’s dive into how to become a NP. First of all, the specifics of the process vary from state to state. Later in this article, we will outline a few state-specific notary qualifications. In the meantime, let’s cover some general best practices for becoming a certified NP.

Notary Qualifications

In general, across America, you must be over the age of 18 with no criminal record to become a NP. Certain states require that notary applicants be able to read and write in English. Furthermore, most states require that you be a legal resident of the state in which you are applying for a notary commission. However, some states will allow the residents of a neighboring state to apply for a local notary commission. This is especially beneficial in markets such as the northeast, where travel between states is entirely common.

Notary Public Classes

While notaries bear an important role, most states require little to no training for the gig. In fact, only 20% of states require training classes. Those ten states are Pennsylvania, North Carolina, Oregon, California, Colorado, Nevada, Missouri, Florida, and Montana.

However, most states strongly encourage applicants to voluntarily take a notary training course. Each state will typically recommend state-approved courses. Considering state-laws vary widely, understanding the laws of your specific state makes a big difference in notary training.

Classes can be done online in as little as two to six hours. Notary classes usually cost less than two hundred dollars. Basically, you don’t need to spend four years and tens of thousands of dollars to become a certified NP.

Notary Public Certification

As with training, a surprisingly small number of states require applicants to pass a notary test. The states that do require an exam are:

• Colorado
• California
• Utah
• Oregon
• North Carolina
• Nebraska
• New York
• Maine
• Louisiana
• Montana

Interestingly enough, only half of the aforementioned states also require training. Therefore, only five states in the U.S. require both notary training and certification.

Most notary exams take less than an hour to complete. Often times, test staff will require you provide a fingerprint for your certification. Once you have passed your test, you must fill out and submit an official notary application form. You will likely mail it to your local secretary of state’s office. Depending on your state’s requirements it can take anywhere from four weeks to six months to become a certified NP.

Notary Public Salary

As with every other aspect of notarizations, your exact salary varies widely depending on your state of commission. Many notaries work on a freelance level, in which they make anywhere from $13-22 an hour. This number varies depending on a number of factors. For one, notaries typically charge on a per-signature basis. Most states legally cap the amount a notary can charge. California, for example, caps notary fees at $10 per signature. Documents vary in complexity, and therefore the number of signatures requires. Hence why the income level of a notary has such a broad range.

Conversely, some people may require a notarization certification as a part of their regular salaried job. That way, one could make a more consistent salary while using their notarization skills. Therefore, being a certified notary is a nice way to be more competitive in the job market.

Notary License

Once you have all the necessary training and certifications you will be eligible to get your notary license, more commonly referred to as a “commission”. As previously mentioned, a notary’s stamp will bear the expiration date of their commission. The length of time a notary commission is valid differs by state. The most standard term is usually 2-4 years. However, some states commissions last as long as ten years before expiration.

Notary Supplies

There are three primary supplies necessary to be a working notary public.

1. Notary Stamp (Seal) – Be sure to meet your state requirements when ordering your unique notary stamp
2. Notary Certificate – This is where you (the notary) will sign and stamp a document. Specifics of a notary certificate vary by state and type of notarization required
3. Journal – While not legally required, it is a very good idea for notaries to keep a journal of their transactions (more on this later)

Nationalnotary.org has an impressive list of notary requirements by state. This guide will help you navigate the laws and requirements mandated by each individual state.

Notary Journal

As an important tool in the notary’s toolkit, it is important to talk more about in-depth about notary journals. First of all, a notary journal is a place where notaries keep a written record of every notarization they perform. Many documents requiring notarizations deal with items of topics of great importance. In the event a document is altered, lost, or challenged in court, a properly kept journal can come in handy.

Notary journal requirements, you guessed it, vary by state. For example, Arizona requires notaries to keep a paper journal. Tennesee, on the other hand, requires notaries to document their transactions in a well-bound book.

Information in a Notary Journal Entry

Generally speaking, the following information is ideal for a proper journal entry:

1. The time, date, and location of the notarization
2. Type of notarization performed (jurat, acknowledgment, etc)
3. Title of the document signed (as well as the date it was drafted)
4. The name and address of every individual signer
5. Form of identification provided by each signing party
6. The signature(s) of the signer
7. Fee for notarial service
8. The right thumbprint of the document signer

A notary must complete their journal entry in the presence of the signers at the end of the notarization. This helps prevent fraud on the end of the notary themselves. Additionally, since a thumbprint of the signer is required for documentation, it is handy to have the signer around.

Notary Surety Bonds and Insurance

As you may suspect, a notary is subject to a decent amount of legal risk. Therefore, before you begin notarizing documents, it is vital not to overlook the importance of insurance.

Errors and Omissions Insurance

These days, there is insurance available for almost anything. In the case of a notary public, the necessary insurance is called “Errors and Omission” (E&O) insurance. E&O insurance comes in handy when the inevitable plight of human error occurs. In the event that you make a mistake during a notarization, E&O protects your professional and personal assets.

Better yet, errors and omissions insurance will cover you in the event your client committed fraud. Therefore, releasing you from liability in a lawsuit. Protect yourself and enjoy piece of mind with errors and omissions insurance.

Notary Bonds

While E&O insurance protects you, the notarizer, a bond protects the state in which you are commissioned. Most states require you to purchase a bond to protect the state from any potential notary errors. Texas, for example, requires their notaries to hold a bond in the amount of $10,000. This bond typically costs a one-time fee of around $75. This bond, in Texas, will last for the duration of the notary’s commission of four years. If a notary chooses to renew their commission upon expiration, they will be required to purchase another bond.

Notary by State

As promised, let’s detail a few specific examples of becoming a notary by state. As we have continually pointed out, state requirements vary vastly in a number of ways. Read on to experience some of the differences.

How to Become a Notary in Florida

Florida, as you may recall, is one of the ten states that does require notary training. The state-approved course is three hours long. However, Florida does not require that applicants take an exam. Upon completion of your training course, you will receive a certificate that must be submitted with your application form. In Florida, you are required to have a $7,500 bond to protect the public and the state from any potential notarization errors you may accidentally make.

Nationalnotary.org has a full list of requirements and documents necessary for becoming a notary in Florida.

How to Become a Notary in Texas

Unlike Florida, Texas does not require training. Furthermore, the state of Texas does not require applicants to take an exam. However, Texas does offer state-specific training materials. Nevertheless, it is highly recommended that you familiarize yourself with Texas state laws and best practices.

In order to legally notarize documents in Texas, you have to acquire a $10,000 surety bond. Once you have your bond, you can submit your application and the $21 application fee. Once your application is approved, it will take 2-4 weeks to receive your commission. A commission lasts for a period of four years in the state of Texas.

How to Become a Notary in NY

As previously mentioned, most states merely require applicants to be over 18, free of a criminal record, and a legal resident of the state. New York, however, has several additional requirements. In addition to the aforementioned, in order to become a notary in New York you must also:

• Hold a high school diploma (or public schooling equivalent, such as a GED)
• Have a good moral character
• Be a U.S. citizen
• Live or work in the state of New York (many people commute into NYC for work from surrounding states)

Special training is not required in the state of New York. However, taking and passing an exam is. The exam in question is a multiple choice, closed book, hour-long test. If you meet all the requirements, you must submit an application form and pay a $60 application fee.

New York, unlike Texas and Florida, does not require you to have a surety bond to protect the state. However, procuring your own E&O insurance is always a good idea.

Interestingly enough, New York does not require the use of a stamp or a journal. As always, it is solid best practice and you should consider using both anyway.

Notary vs. Lawyer

To extrapolate on an earlier topic, a notary is not to act as an attorney when notarizing documents. Notarizations typically deal with documents of great importance. More often than not, the documents are full of complicated and confusing legal jargon. Therefore, it is not uncommon for the signees to look to a notary for clarification before signing. However, notaries are not legally allowed to translate or advise upon the contents of a document they are notarizing.

As illustrated in this article, most states do not require any training to become a notary. Even those states that do, require only a few hours of training. Lawyers, on the other hand, undergo years of rigorous education and training. Therefore, lawyers are much more qualified to give thoughtful, informed legal advice when it comes to complex documents.

A lawyer can, however, become qualified to complete notarizations. So long as they do not notarize documents in which they advised upon or drafted.

Notario Publico vs. Notary Public

Sometimes notarizations deal with immigration documentation. Or perhaps you have a client that is primarily Spanish-speaking. If that is the case, it is essential to understand the difference between a “notario publico” and a notary public. While they sound very similar, their subsequent meanings are actually quite different. In Hispanic cultures, a notario publico essentially has the same rights and training as an American attorney. Therefore, unlike a notary public, a notario publico can draft legal documents and give legal advice.

How to Become a Notary: In Conclusion

With over four million notaries in the United States alone, you are in good company if you wish to become a notary. While notaries play very important roles in preventing fraud, the process of becoming one is relatively quick and easy. Notary laws vary by state, so be sure to check with your local authorities on your specific requirements.

Sources

https://www.nationalnotary.org/notary-bulletin/blog/2015/05/your-guide-notary-oaths-affirmations

https://www.nationalnotary.org/knowledge-center/about-notaries/how-to-become-a-notary-public

https://www.nationalnotary.org/florida/how-to-become-florida-notary

https://www.nationalnotary.org/new-york

https://www.nationalnotary.org/notary-bulletin/blog/2014/10/what-every-notary-needs-to-know-about-journals

https://www.nationalnotary.org/texas

https://www.nationalnotary.org/support/faq/insurance#eo1

https://www.nationalnotary.org/florida/become-a-notary

https://studentloanhero.com/featured/how-to-become-a-notary-make-per-hour/

https://www.superiornotaryservices.com/blog/identification-notary-public/

https://www.superiornotaryservices.com/blog/what-need-document-notarized/