Ok let us say a CA is collecting on a debt that is ancient and does not belong to you. Let us say they continuously call or send letters to pay xx amount within 30 days or they will take action within the law blah blah blah. Let us say you send in a validation letter and the compliance officers SWEARS before a notary that the debt is yours without a lick of proof. Now, I had a wicked idea. Let us say since you are 100% sure this is not your debt and they will not leave you alone that you file mail fraud charges against them. We have thought about thi before. However, what I need to know is what charges can be brought against a person who SWEARS before a notary something that they know or should know is not true. I am quite sure you cannot just go in to some notary and lie. What crime would be committed.
The POST OFFICE would have to file charges on your behalf... I'm not sure that you could be a "PARTY TO THE SUIT" for money damages... I COULD BE WRONG (I'm no expert on the POST OFFICE SECURITY OFFICERS)...but I saw some program that they do carry GUNS & HANDCUFFS...AND KNOW HOW TO USE THEM!!!
This is for someone else not me. None of us could care about money anyway. If we do mail fraud I know about the post office. What about perjuring yourself in front of a notary? What crime is that. I figure there has to be one.
Picantel, you may find your anwer by going to this site and contacting some of the Notary Associations http://mishpat.net/law/Legal_profession/Notaries/index.shtml
By signing the papers granting commision as a Notary Public, the Notary affirms an oath to the state in which the Notorary status is affirmed and is considered to be an officer of the courts within that state. So, among other things, depending on the type of document, knowingly and wilfully presenting a false or fraudulent document to a Notary Public is considered to be making a false or fradulent official statement - and is also a Class B misdemeanor punishable under criminal statutes in most states. This is kind of a stretch, but if the notarized document is then forwarded from one state to another, worst case this then becomes a federal offense (another class B misdemeanor). Also (another stretch) but if it can be proven that the making of this "false official statement" was perpetrated for the purpose of defrauding another party(s) for monetary gain, then the effected party(s) may then be able to seek relief under applicable state and federal civil statues as well. This unfortunatley goes far beyond the relm of small claims court though as any criminal or civil actions would have to be pursued in higher courts with applicable counsel representing both parties. Michael
If you want to report mail fraud call the postal inspectors call your po for a local # . thats what they do.
Seems like one time when I used a notary for something, they emphasized that they were just notorizing that it was my signature on the document, and not that anything contained in the document was factual. But I might be talking about a differnt kind of notary service or something. And if so, please disregard. peace, delilah
"Seems like one time when I used a notary for something, they emphasized that they were just notorizing that it was my signature on the document, and not that anything contained in the document was factual." But I might be talking about a differnt kind of notary service or something. And if so, please disregard. peace, delilah ___________ A notary acts as a witness to your signature, not as a witness to the validity of the matter contained in the documents. There are criminal penalties for notarys whom purposefully notarize documents that they know to be untrue.
Lying in a notarized document CAN be a FELONY. There are two ways of notarizing something. If the person "swears" or "affirms" that something is true, the notary is administering an oath as an officer of the state. If the person "acknowledges" his signature to the notary, the notary, once again as an officer of the state is simply certifying that the individual identified in the document is the one that signed it. If a person "swears" or "affirms" that something is true and he knows that it is not, he has committed perjury. Here's the law in my state - note that a notary is a person authorized to take an oath: THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 750.423 Definition. Sec. 423. Definitionâ??Any person authorized by any statute of this state to take an oath, or any person of whom an oath shall be required by law, who shall wilfully swear falsely, in regard to any matter or thing, respecting which such oath is authorized or required, shall be guilty of perjury, a felony, punishable by imprisonment in the state prison not more than 15 years. History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.423 . Former Law: See section 2 of Ch. 156 of R.S. 1846, being CL 1857, § 5821; CL 1871, § 7654; How., § 9236; CL 1897, § 11307; CL 1915, § 14974; and CL 1929, § 16565.
The person I am helping is going to file mail fraud, extortion, and perjury charges against some certain people in a certain CA that I have been battling for around 8 months now. I wonder who it could be.
Everytime I've signed a paper in front of a Notary they said it's just to make sure it's me signing it. Each state may have it's own laws on the subject.
Re: Re: wow what an idea Exactly! All a notary does is verify that the person signing the document is indeed who they say they are. It neither adds nor detracts to/from the weight of the statement in the document! What their notarizing the document may do, however, is give you someone to go after personally, as opposed to just the company. If there are blatant lies, gross negligence may be provable. Once you get a gross negligence ruling, punitive damages may be allowable (depending on your state). Without gross negligence your damages are very limited! Ruminative damages can take the payout through the roof! Just about every huge civil verdict you ever see includes punitives.
Re: Re: wow what an idea If you raise your right hand and swear or affirm, regardless of state, you have taken an oath. The notary is certifying that you are who you say you are and that you were properly sworn before you signed the document. If the notary's jurat simply says that the document was "subscribed," and does NOT say anything about "administering an oath," "swearing," or "affirming" they are simply certifying your identity. The question is what the notary's jurat says. If it has some form of the words, "swear," or "affirm" then a willing false statement is a criminal violation under most states' laws.
Re: Re: wow what an idea I've never had a notary ask me to raise my right hand...the only thing they ever asked is to see ID. Perhaps we should ask a notary about this.
Re: Re: Re: wow what an idea You've already asked a former notary (my commission was voided automatically when I moved to a different state). There are two reasons why you would have never raised your right hand in front of a notary. 1. The documents you had notarized only required verification of identity. (subscibed to in the presence of a notary), or, 2. The notary(ies?) simply didn't bother. I've had people raisen their right hand hundereds of times. And you can add the phrase "state the following is true under penalty of perjury" to the words "swear" and "affirm" as another phrase in the notarial jurat where a willful misstatement in a document constitutes a crime. A lot of notaries dispense with this formality and no one would generally complain. A willful sworn misstatement is not necessarily perjury. It depends on the definition in each state law. But as I said before, it is an illegal act in most states - some narrowly define perjury and define lying under oath as a separate offense.
