A promissory note payable to me, was signed by the borrower in the presence of myself, and a notary. However, she didn't have her stamp with her. Is this still a valid document? She (the notary) said it was, because her commission hasn't expired, she verified i.d., etc. But now that the borrower has not repaid the sum, we are going to court. If my unstamped-but-notary-signed document isn't valid, I need to know!! Thanks!
2006-07-20 06:23:39 · 9 answers · asked by icyjesi04 2 in Business & Finance ➔ Other - Business & Finance
Document was signed in Michigan. She's is definately a un-expired notary, because she also did the closing on my house, and notarized all of that, about 15 minutes prior.
2006-07-20 06:34:51 · update #1
It should be but it depends on the rules of the state you live in. Check with the state office that registers notaries, they should be able to tell you.
2006-07-20 06:28:34 · answer #1 · answered by Big Ed 4 · 0⤊ 0⤋
It's my understanding that a document verified by a notary must be either stamped or sealed, and signed, and dated by the notary. I suggest you find the notary who signed your document and take her to court with you. And make sure she brings her stamp proving that she was a notary at the time she signed. Otherwise, your document is your word against the borrower's, which will likely not get you your money.
2006-07-20 13:31:01 · answer #2 · answered by supernova 1 · 0⤊ 0⤋
Nope, if she does not have a stamp, her commission has expired or she has not received it yet OR she is not even a registered notary. Your paper is worthless. Sorry
2006-07-20 13:31:06 · answer #3 · answered by educated guess 5 · 0⤊ 0⤋
It depends on the state. In NY, as long as the number and expiration date is there, a stamp is not necessary.
2006-07-20 14:38:38 · answer #4 · answered by doglover 5 · 0⤊ 0⤋
As long as she signed it and put her expiration date on it you should be fine. Call and find out from you legal aid system what is binding and what isn't, and if you have to ask the same woman to be a witness for you.
Good luck!!!
2006-07-20 13:35:50 · answer #5 · answered by Nakeya J 3 · 0⤊ 0⤋
If she told u it was still legal then it should be. Maybe she can go to court with u and verify that she just didnt have her stamp with her.
2006-07-20 13:28:39 · answer #6 · answered by Ebony 2 · 0⤊ 0⤋
I would say if her commission hadn't expired and she signed it, then it is a legal binding contract. You should be safe. Good luck.
2006-07-20 13:28:15 · answer #7 · answered by carrie love 2 · 0⤊ 0⤋
Definitely a question to ask an attorney who knows your local and state laws thoroughly. Call him/her today! If need be, hire them as your attorney for this matter.
2006-07-20 13:37:43 · answer #8 · answered by Anonymous · 0⤊ 0⤋
you have a witness the notary
2006-07-20 13:27:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋