Legal Question in Business Law in California

I am an employee in CA and we file hospital liens with the appropriate counties circuit clerk office in various states. our notary has not renewed her notary license and now they have us notarize liens in VA and that notary is signing our name or having someone else sign them. Is that breaking laws on our end? It does not seem legal . Concerns are that I do not want to be in legal jeporady by mailing those notarized liens. Would I be in legal trouble by mailing them and what if someone such as another attorney would find out?

Asked on 8/26/10, 10:18 am

3 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

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Yes, definitely you are violating the laws , if you state you are a notary, when you are not. You could be in trouble.

Answered on 8/31/10, 10:48 am

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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I understand your question differently than Mr. Marman did. As I understand you, there is a notary in Virginia who is signing your name to the lien and then notarizing your signature with her or his own stamp and name as acknowledging your signature.

This would become a question of Virginia law, but it is hard to conceive that under the laws of any civilized jurisdiction that such a practice would be legal. I know that notaries are now acknowledging rubber-stamped signatures -- but only the rubber-stamp signatures of people they know and who have authorized the practice.

Signing someone else's name without their knowledge and permission is rarely legal, and probably not here. You might further investigate by calling the Virginia Secretary of State or whatever agency licenses notaries there.

Answered on 8/31/10, 11:01 am

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