This topic contains 10 replies, has 10 voices, and was last updated by  LindaHFL 6 years, 9 months ago.

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  • #13916

    riley96
    Participant

    Hi There,

    Tomorrow I will be using two credible witnesses to identify an elderly signer who does not have current ID. I have several questions: 1) I believe that the credible witnesses only sign in my journal (producing proper ID), they do not have an ack. or jurat associated with their signatures, correct? 2) The signer signs my journal and I reference the credible witnesses for ID purposes, correct? 3) I do indeed give each credible witness an oath, correct? 4) Is there a special ack or jurat that has wording to accommodate credible witnesses? and 5) Are there any other steps to this procedure that I’m missing?

    I appreciate any feedback.

    Thanks, Monika James

    #14053

    Credible witnesses are just in lieu of proper ID. You will log the witnesses ID in the journal, have them both sign the journal, give them both an oral oath, swearing the signer is who she says she is. Then the signer will sign your journal and the document just like a normal notarization.

    #14054

    riley96
    Participant

    Thank you, Andy. I think I was trying to make it more complicated than it is.

    #14055

    jmalone
    Moderator

    DECLARATION OF CREDIBLE IDENTIFYING WITNESS

    Do you solemnly swear or affirm that (John Joe Doe) is the person named in the document that (John Joe Doe) is personally known to you, that it s your personal belief that the circumstances of (John Joe Doe) are such that it would be very difficult or impossible for him/her to obtain another form of identification, that (John Joe Doe) does not possess any of the acceptable identification documents and that you do not have a financial interest, nor are you named in the document being acknowledged.

    #14056

    leroycasey1
    Participant

    Thank you so much for this oath. The one I’ve been using for years has never been really “spot on” for my business; it always sounds awkward. I’ve copied the one you just published here and have taped it to the inside cover of my sequential journal. Please forgive the plagiarism.

    #14057

    sers123
    Participant

    I need to use two credible witnesses to ID a signer of a Sworn Statement for purpose of obtaining a certified copy of her daughter’s birth certificate.
    The form for requesting the certified copy contains the Sworn Statement and a Certificate of Acknowledgment. My understanding is that the “basis of satisfactory evidence” referred to in the acknowledgment are the two signatures in my notary journal and their respective oaths. There is nothing more for the witnesses to sign, right? Thank you

    #14058

    Geber
    Participant

    @sers123 wrote:

    I need to use two credible witnesses to ID a signer of a Sworn Statement for purpose of obtaining a certified copy of her daughter’s birth certificate.
    The form for requesting the certified copy contains the Sworn Statement and a Certificate of Acknowledgment. My understanding is that the “basis of satisfactory evidence” referred to in the acknowledgment are the two signatures in my notary journal and their respective oaths. There is nothing more for the witnesses to sign, right? Thank you

    Firsts off, when you decided to tack on to this thread, did you notice “(CA)” in the title? Please confirm you are a California notary, because the laws are different in each state. Second, the document sounds too complicated to understand from your brief description. I’d suggest posting a paraphrase with personal information deleted or changed.

    #14059

    mharmon
    Participant

    @sers123 wrote:

    I need to use two credible witnesses to ID a signer … There is nothing more for the witnesses to sign, right? Thank you

    If you’re in California, that’s correct. The Credible witnesses sign your journal and that’s it. Be sure that their journal entry makes note that they are serving as a CW for a specific person. They do not sign the document. Credible witnesses serve as a substitute for a paper ID. The document itself shouldn’t reflect what kind of ID was used… at least if it’s one of the ones I’m thinking you’ve got. If it is, its a common request used by just about every county in California and the notarization is needed when the person is mailing in the request rather than doing it in person. You fill out the notarial certificate just as you would normally.

    Now, the key with credible witnesses is, after IDing them, in giving them the oath and making sure they are swearing to some specific things, under the penalty of perjury:

    – That they personally know the individual
    – They they know the person lacks proper ID and that they they know or believe it is difficult or impossible for that person to obtain proper ID
    – That the person named or described in the document, and also signing it, is the same person they are identifying
    – They are not named in the document being signed
    – That they have no financial interest in the document being signed

    I’ve had people try to use neighbors or friends as a credible witness who, after hearing the oath and reading the requires, refuse to help. The biggest reason is because is, while they know the person, they don’t know them well enough to know if they lack ID or if they can cannot get another. One guy once said to me, “Seriously? It’s not that difficult. We’ve been offering to take him to the DMV for the last year to get an ID card. I’ll take him tomorrow morning.” He outright refused to go under oath because of that.

    #14060

    notaris91
    Participant

    hmmm… interesting case…. I need to learn about this…

    #14061

    juniorhoi
    Participant

    Whats going public like the first time either sometime this year or next im going to go public for the first time im really nervous. would like to hear some of your stories about going public first time might settle my nerves down a bit, thanks love from katie

    #14062

    LindaHFL
    Participant

    @juniorhoi wrote:

    Whats going public like the first time either sometime this year or next im going to go public for the first time im really nervous. would like to hear some of your stories about going public first time might settle my nerves down a bit, thanks love from katie

    I don’t understand

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