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  1. #1
    Join Date
    Mar 2007
    Posts
    8

    Default Validity of a Notarized Document

    Good Morning,

    Last spring I signed a child support and legitimization consent order, because of misrepresentation from my lawyer who was intimidated by the other lawyer. I can not afford what I agreed to in that order,which pretty much said to pay 50% of my net income in child support for one child!

    I noted that the other lawyer, the preparer of the document, notarized my signature and the signature of the other party. Then the lawyer signed the document as the preparer and took it to the judge to be ordered.

    I was reading that public notaries should not notarized a document that they are signing. I called the county without giving out names, and they confirm that the agreement would be invalid if the notary was a signee of the document as well...

    Any advise on this? Should I be spending time on this?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Notarized Document

    This is a court document.

    The lawyer notarized two of the parties' signatures.

    Then he signed as a lawyer (not as a party to the agreement) and, by the way, as an officer of the court.

    This is done thousands (if not millions) of times a year in this country.

    If you do not like what YOU signed, then you should discuss this with yourself.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Notarized Document

    Lawyers can, generally speaking, prepare their client's testimony, sign their client's name to it and sign their name, as their client's attorney as normal business. It is only when "someone" questions the validity of a signature that the court "might" question the document.

    When you say you signed "because of misrepresentation from my lawyer" what do you mean? Are you saying that the "officer of the court" who represented you, misrepresented the order? Or are you saying that affidavits submitted to the court previously, those from which the ruling was made, misrepresented your actual income?

    If you believe that your attorney did not represent your true financial status, hire another attorney and ask about filing a motion for a de novo hearing on the order.

    A document that has been notarized by any public notary is only a statement that they witnessed your signature. I think that is what SJ meant by having a conversation with yourself. (Who knows since he has been listening to testimony all day is probably getting weary?)

  4. #4
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Notarized Document

    Quote Quoting deadlock
    View Post
    ...
    (Who knows since he has been listening to testimony all day is probably getting weary?)
    ....


    The testimony usually sounds like this: "Well, he said that 'cause they come over there after she said that to them then they never did believe what the rest of them done caused what she said that started the whole thing."

    Drowsy....

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Notarized Document

    I bet!

    No wonder Judges hate Pro Se!

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