First Steps Notaries Should Take If Being Sued March 29, 2017 / Uncategorized
It can happen at any time. Notaries can face lawsuits for small grammatical errors or for no errors at all. No matter the circumstances, there are a few things notaries should always do—and one thing they shouldn't—if faced with a lawsuit.
Do not speak with the opposing counsel
You may be contacted by the opposing counsel or even feel the need to contact the counsel yourself. Do not do communicate with the counsel under any circumstances. The counsel is fishing for anything to use against you in the case, so anything you say could become evidence.
Contact your Notary Bond or E&O Insurance Company
As soon as you hear of the case against you, contact your notary bonding company immediately so they can begin working on the case for you.
Check your notary journal
Once of your best defenses will be what's written in your notary journal. It can prove you obey the law and follow state practices, as well as remind you of the document in question. Immediately review the document to try and refamiliarize yourself with it. This is why a notary should always keep records of his or her work for circumstances like this. It can never hurt to be too careful.
Remember to take a deep breath. This is the last thing a notary wants, but so long as you follow the law and conduct your work with care you should be just fine. Have you ever had a lawsuit filed against you before? What was the result?