Notarizing a Document When the Affiant Isn't Present
My question involves court procedures for the state of: Texas
I was served a civil citation for a person suing me for 10000.00 for supposedly notarizing a document without him being present. This happened around 2001 or 2002. What is the statue of limitations on it?
Re: Notarizing a Document When the Affiant Isn't Present
Here is the statute and administrative code.
http://www.statutes.legis.state.tx.u...htm/GV.406.htm
http://info.sos.state.tx.us/pls/pub/...i=1&pt=4&ch=87
http://www.statutes.legis.state.tx.u...htm/CP.121.htm
Quote:
Sec. 121.014. ACTION FOR DAMAGES. A person injured by the failure, refusal, or neglect of an officer to comply with a provision of this chapter has a cause of action against the officer to recover damages resulting from the failure, refusal, or neglect of the officer.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985
I don't think there is a statute of limitations.
You may have more to worry about than the citation.
Quote:
Sec. 406.009. REJECTION OF APPOINTMENT; SUSPENSION OR REVOCATION OF COMMISSION. (a) The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public.
(b) An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal.
(c) An appeal under this section is to the district court of Travis County. The secretary of state has the burden of proof, and the trial is conducted de novo.
(d) In this section, "good cause" includes:
(1) a final conviction for a crime involving moral turpitude;
(2) a false statement knowingly made in an application;
(3) the failure to comply with Section 406.017;
(4) a final conviction for a violation of a law concerning the regulation of the conduct of notaries public in this or another state;
(5) the imposition on the notary public of an administrative, criminal, or civil penalty for a violation of a law or rule prescribing the duties of a notary public; or
(6) performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed.
(e) The following may not be considered a conviction for the purposes of determining eligibility and good cause:
(1) a dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt; and
(2) a finding of guilt that has been set aside.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.15(a), eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 719, Sec. 5, 6, eff. Jan. 1, 1996.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 569 (S.B. 2073), Sec. 1, eff. September 1, 2009.
Re: Notarizing a Document When the Affiant Isn't Present
Actually I'm more inclined to believe this falls under 16.004 of the CP code and needed to be brought within four years for the civil action.
I agree with Bud, the state is probably free to suspend your commission regardless of when the event occurred.
Re: Notarizing a Document When the Affiant Isn't Present
Re: Notarizing a Document When the Affiant Isn't Present
I haven't looked but just tossing this out there:
is there a possibility of a discovery rule applicable here where the sol does not run until such time the injured party discovered, or should have reasonably discovered the unlawful activity?
Re: Notarizing a Document When the Affiant Isn't Present
Not knowing the nature of the document that was allegedly signed without being present, it would be hard to say.
Perhaps OP will tell us the nature of the document.