tow653
Gold Member
Needed a release to get daughter's car from impound. First notary public said he would not do it for his own personal reasons. Does a notary have that right? I thought they were just to confirm identity. Thanks
Notary Public
- Thread starter tow653
- Start date
Sigarms
Super Member
I was a notary a LONG time ago and during that timeframe they don't have to notarize something if they don't want to. From what I remember, generally had to do with certain criteria not met.
LD1
Epic Contributor
Go to where ever you bank. Banks usually have notaries.
mark02tj
Platinum Member
I'm a notary in Ohio - not sure how laws vary from state to state, but I would think they would be similar.
Were you wanting him to notarize something that had your daughter's signature without her actually being there? That might be the problem. Shouldn't be a problem if you want him to notarize your signature while you sign it in front of him as long as you had proper ID.
The key thing is that whatever you want notarized actually needs to be signed in front of the notary. You shouldn't expect to bring in an already signed document and have them notarize it.
Were you wanting him to notarize something that had your daughter's signature without her actually being there? That might be the problem. Shouldn't be a problem if you want him to notarize your signature while you sign it in front of him as long as you had proper ID.
The key thing is that whatever you want notarized actually needs to be signed in front of the notary. You shouldn't expect to bring in an already signed document and have them notarize it.
TheMan419
Veteran Member
Off the top of my head I would think yes, so long as they were not refusing based on a Title VII protected class (race, religion, gender etc).
Edit to add: However call your states Secretary of State as they are the ones who usually license a notary. There may be laws in your state about that.
Edit to add: However call your states Secretary of State as they are the ones who usually license a notary. There may be laws in your state about that.
OP
tow653
Gold Member
We were both present with proper id,notary at second place did it with no questions.
LD1
Epic Contributor
Well I don't think a notary "has" a legal obligation to notarize anything.
Sure, you may have a case if you were discriminated against for race, religion, etc. But beyond that....I don't think you have a case. They chose no to for "personal" reasons and enough said.
Might I ask why the car was impounded?
Always two sides to every story?
For all we know, the notary that declined your request might have had a close relative get killed by a drunk driver? And maybe the car was impounded for dui?
Or something along those lines. We just don't have the whole story here I am afraid
Sure, you may have a case if you were discriminated against for race, religion, etc. But beyond that....I don't think you have a case. They chose no to for "personal" reasons and enough said.
Might I ask why the car was impounded?
Always two sides to every story?
For all we know, the notary that declined your request might have had a close relative get killed by a drunk driver? And maybe the car was impounded for dui?
Or something along those lines. We just don't have the whole story here I am afraid
Soundguy
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Yup, in Florida, we notaries can just decline and say we feel uncomfortable continuing.
This is how the Department of State for FL suggests it should be done:
A refusal to notarize may be viewed as an inconvenience to the signer or may be misinterpreted as unlawful discrimination. Therefore, notaries should be careful to refuse in a tactful manner. Tactfulness should not be a problem when the refusal is based on one of the statutory prohibitions, such as when the document is incomplete. The notary should explain that the law prohibits notarizing in that situation.
However, the situations in which a notary should refuse for precautionary reasons may be more difficult to explain. For example, suppose a notary suspects that the signer is being coerced or that the transaction may be illegal. In such situations, it may be best for notaries to simply explain that they are not comfortable with notarizing that document. No further explanation is necessary. Another good approach is for the notary to state that he or she is not familiar with the type of document involved. It is best not to be drawn into a debate regarding the refusal.
(Refuse to provide services – How to Refuse; emphasis added)
This is how the Department of State for FL suggests it should be done:
A refusal to notarize may be viewed as an inconvenience to the signer or may be misinterpreted as unlawful discrimination. Therefore, notaries should be careful to refuse in a tactful manner. Tactfulness should not be a problem when the refusal is based on one of the statutory prohibitions, such as when the document is incomplete. The notary should explain that the law prohibits notarizing in that situation.
However, the situations in which a notary should refuse for precautionary reasons may be more difficult to explain. For example, suppose a notary suspects that the signer is being coerced or that the transaction may be illegal. In such situations, it may be best for notaries to simply explain that they are not comfortable with notarizing that document. No further explanation is necessary. Another good approach is for the notary to state that he or she is not familiar with the type of document involved. It is best not to be drawn into a debate regarding the refusal.
(Refuse to provide services – How to Refuse; emphasis added)