Florida Notary has to go to court?

Question

Hello,
I work in a small business and when I was hired my bosses said I had to become a notary. So now I am one and a few months back I notarized a basic statement for a woman and she has since died. Now her brother wants to convert that statement to a will and I have to make an oath before a clerk in order to do so.

I work for a small office where I am the only one here. If I go to court it requires me to shut down the business and lose money. It is very inconvenient to me. I would have to go downtown and use my gas and time to do this. They offered salary reimbursement but I feel this is not worth shutting down the business or the stress.

His lawyer has been calling me constantly threatening that he'll get a subpoena. Can he do this? It was just a rudimentary document that I notarized with no required witnesses. What can I do?

Thanks

Answer 1

You can refuse. Then he can get a judge to issue a subpoena & you'll have to appear at their convenience. If you cooperate you can go down at your convenience & apparently they'll pay you for lost salary. There's very little stress in swearing before a probate court clerk that that you notarized a signature -- unless of course you did something you know you should not have. In that case you should consult legal counsel.

Answer 2

One of your bosses should be able to take over business for the day, If they cannot then you need to close up shop and let them lose business. You will be reimbursed your salary and as a Notary it is your responsibility to handle this matter professionally.

Answer 3

Yes, the lawyer can subpoena you. if he does he is not required to pay you anything. Might as well take the reimbursement and go willingly.

Answer 4

You should be able to give a deposition, they can come to you and swear you in and ask questions on the record, If they can't come to you you should be able to go to atty's office and be deposed. You should not need a courtroom to be legally on the "record".