Posted in Law

How a Notary can Protect Themselves Against Lawsuits

How a Notary can Protect Themselves Against Lawsuits Posted on June 10, 2014

There are no mandatory laws that state a notary in Lancaster, PA has to keep records of their services. However, it is a consideration that should be made, even though these individuals are insured. This will ensure that they are not held liable for negligence or misconduct if any type of improper act they perform causes a company or person a loss. Put simply, a notary can be sued.

The duties performed by a notary have to be done while exercising “reasonable care,” which is the degree of care that a person of normal intelligence and prudence would exercise in a similar situation. The failure to exercise this care is considered negligence.

If you work for an employer as the notary, then the company can also be held liable if the actual situation occurred during the businesses working hours. For example, a government agency may be liable for an employee notary’s misconduct, depending on the specific circumstances and the laws that govern the particular issues.

Now you have to consider what the best way to protect yourself if you work as a notary, as well as the company or agency that you work for. Some of the primary ways to protect yourself from a lawsuit include:

     *     Maintaining accurate records

     *    Not making any exceptions

     *    Exercising reasonable care while notarizing

     *    Knowing and abiding by the laws that govern your duties

Benefits of the Notary Journal

Notaries are not able to legally retain copies of documents that are notarized, which means that keeping records of the actual notarial acts will be the best way to maintain your records. The notary journal will help to protect you from any type of lawsuit.

When selecting a journal or record book it is recommended that you select a bound book with pages that are numbered consecutively. You can usually purchase these items at the same location where you applied to become a notary, or from online sites.

When using your journal, you need to record the following information:

     *    The actual date of the notarial act.

     *    The type of act, i.e. marriage, attested photocopy, acknowledgment, oath.

     *    The name or a brief description of the actual document.

     *    The printed name of the party.

     *    The address and signature of the party.

Be sure that the journal entry is completed prior to the notarization to ensure that you have the information before the individual leaves.

Protecting yourself and your employer from lawsuits is essential. With this information you should be able to successfully achieve this goal.

When you need the services of a notary in Lancaster, PA, consider the benefits offered by the professional service at Abel Notary Service LLC. Click here to know more.




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