Legal Question in Business Law in California
Assignment of Claim
Is it necessary to have a Assignment of Claim document notarized by a notary? This document will be used in a small claims case against a former lanlord.
2 Answers from Attorneys
Re: Assignment of Claim
No, but it wouldn't hurt.
Re: Assignment of Claim
An assignment of a claim or 'thing in action' does not ordinarily have to be notarized; it can even be done orally. However, the ordinary rules of contract also apply, so if, say, the statute of frauds would come into play, a writing is required, and if an interest in real property is involved (other than a lease for less than a year) notarization would be necessary for purposes of recording the assignment, but not to make the assignment valid per se.
You have bigger problem, however. The assignee of a claim cannot file or maintain a suit on the assigned claim in small claims court. Doesn't matter whether it's notarized or not. See Code of Civil Procedure section 116.420.
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