can it be held up in court or thrown out?
I have a in home daycare business that i run and i use contracts that are not notarized....will it be worth going to court? or will they throw it out because my contract is not notarized.???
2006-11-15 08:41:49 · 9 answers · asked by nikel 2 in Politics & Government ➔ Law & Ethics
i have a set of parents who owe me 500 dollars and a late fee of 10 dollars a day that is adding up....and they completely are ignoring it and me....i have no choice but to file in a small claims court....but my contract is not notarized is it worth it????
2006-11-15 08:42:52 · update #1
the lady actually had the nerve to write me and tell me she is not paying it to me, and that since it is not notarized she gets off scott free......talk about making me angry....i just want my money and to stop having to deal with this crazy lady!
2006-11-15 08:52:38 · update #2
A contract can be oral or written or implied. Notarization only attests that the person signed is the one whose name appears on the document, but it doesn't make it any more enforceable. If you have a signature on a contract, the original of that is best evidence and can be an exhibit to a complaint for breach of contract.
That lady doesn't know what she's talking about and she will be quite surprised to be served with a summons and complaint. Be sure to include the costs of serving her with summons & complaint in your damages, as well as any court filing fees, and a prayer for pre-judgment and post-judgment interest. Chances are she wil pay you the full amount and then some, just to avoid the 10% interest charges that attach to a judgment.
2006-11-15 09:39:20 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Notarizing some thing basically means that the guy who signed it, authentic observed themselves to the notary. It has not some thing to do with the content fabric of the paper. you may signal a sparkling piece of paper and characteristic it notarized. verify your state guidelines for starts, some enable those excited by a divorce to go back to agreements outside the court docket. ny for example, yet is ought to be worded extremely, and the courts are literally not required to settle for it. in the journey that they have already agreed on custody, baby help etc, then they could tell the courts that they have reached contract, what the contract is, and the court docket can positioned that contract into the divorce decree. in the journey that they signal an contract, bypass to court docket, she cries foul, the contract will bypass out the window. As an aspect note, he's not even divorced yet, and also you 2 are engaged?
2016-11-24 21:21:42 · answer #2 · answered by ? 4 · 0⤊ 0⤋
A contract is valid regardless of whether it has been notarized. Having something notarized is simply having a third-party verify that your signature actually belongs to you.
It is worthwhile to have contracts notarized as it helps prevent the other party in the contract from saying that their signature was forged but will not have any other relevance in court.
2006-11-15 08:50:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
As long as both parties have signed it, the document is legal. Notarizing is just a formality. Why do you still keep taking their child if they owe you money?? Tell them that their child is no longer able to attend your day care/preschool and that you are initiating a small claims case against them. If they don't pay you, proceed with the claim. It will cost you to file the claim--probably $50 to $100 depending where you live.
Good luck!
2006-11-15 08:49:21 · answer #4 · answered by oldyogi 3 · 0⤊ 0⤋
Notarizing has nothing to do with the validity of a contract. Having a Notary witness the signature just means that they are who they say they are and that there is a witness that they did sign it.
Did they sign it? If they did, you have a valid contract.
2006-11-15 08:46:13 · answer #5 · answered by Aggie80 5 · 2⤊ 0⤋
It really should not matter..It is a valid contract & you did provide a service. Your contract should hold up in small claims court.
A contract is usually notoriezed to certify identeny..But in this case it is very difficult for the deadbeat parents to deny ever receiving service or signing the agreement.
2006-11-15 09:06:44 · answer #6 · answered by worldsource19 3 · 0⤊ 0⤋
as long as they signed their name on the contract and it's on their own handwriting, HEll yea it's legal. MAke sure you make copies of all the contract pertaining to this case. Cause you might lose the only copy and then that's it. Also it would ahve been good enough if you ahd a verbal agreement with the parents it would be accepted too. SO you ahve alegal document as long as they signed it. Good Luck
2006-11-15 08:48:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It is still legal and binding!
Real Estate Purchase Agreements are not Notarized and they are legal and binding documents. (end of story)
I wish I could be there when she finds out she is wrong. hehe
2006-11-15 09:03:45 · answer #8 · answered by Plain Jane 3 · 1⤊ 0⤋
As long as they sign it you should be good. I would, take them to court. Money is Money, and good childcare is hard to come by. People take advantage of that, driving costs up.
2006-11-15 08:50:29 · answer #9 · answered by MGrnl 2 · 0⤊ 0⤋