I have an affidavit of service that is stamped & signed by a notary public, but there is no other signature on the form. There is a place to put a signature with a typed name but thats all.Looks like the person that performed the service did not signed it.Will a court allow this?
2006-07-09 09:04:34 · 5 answers · asked by Elizabeth B 1 in Politics & Government ➔ Law & Ethics
I am a notary public.
A notary may only affix his/her seal and sign a document when they have actually witnessed the signature of the person whose signature is listed on the document.
A notary may not notarize their own signature.
In some cases, and in some states, a Notary may serve court papers and then will make a return of service with their signature on the document. Depending on your state, this *may* be what is going on.
Otherwise, if there is a blank where there should be a signature, and there is a Notary's seal and signature, I would send a copy of the document to the Secretary of State's office for your state. They regulate (usually) the appointment of Notaries Public.
2006-07-09 09:44:46 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
I don't quite understand, it sounds like the notary did something improper.
A notary's only function is to authenticate the signature on the form, if there isn't a signature on there to authenticate, I suppose you could sign it, but it wouldn't be quite legal.
2006-07-09 09:11:04 · answer #2 · answered by neerdowel 3 · 0⤊ 0⤋
Please contact the courts office that the affidavit came from. Maybe there was just a mistake about the signature.
Or maybe someone copied the affadavit on the computer in order for you to be served. If that was done falsely then you would simply ignore it and report it to the Judge or clerk.
2006-07-09 12:20:12 · answer #3 · answered by Jan G 6 · 0⤊ 0⤋
They used to require returns to be notarized. That requirement was dropped in the 1950s as administratively burdensome. You can't file a Form 1040 without a signature though. If you do it will be returned to you without action, or the IRS will have you sign a substitute form attesting to the accuracy and completeness of your return.
2016-03-26 22:49:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I don't think it is acceptable and the notary may get into trouble. What did they notarize?
2006-07-09 09:07:35 · answer #5 · answered by harryt62 4 · 0⤊ 0⤋