Public Officers Law

nydeemarie · #1 02-21-2007, 07:04 AM

I have been wondering... since attorneys are also notaries... when a third party debt collector represents himself as an OC, files with the state/county a notice of/or a lien.. isn't that a violation beyond all of the other frauds...and in fact a crime in violation of the Public Officers Law whether they did the notarizing or not?

charlesa6 · #2 02-21-2007, 07:26 AM

You have to be more clearer and detail. What is your point exactly?

nydeemarie · #3 02-21-2007, 07:41 AM

ah.. sorry charlesa6... it's an idea in the infant stage...

I guess the question would be... Are notaries held to a higher standard... ?

the attorney debt collectors I have to deal with pretended to represent a client/an or OC... and filed a notice of/or a lien...

there are other reasons to cry fraud foul.. but when reading that these attorneys have a notary license and filed a false instrument .. i can't help but wonder if there isn't another hook here...

also... would a person not be entitled to the same process of service that the Department of State demands... ? especially when being served by a corporate entity? albeit a falsely represented corporate entity.. but still...

masterduke · #4 02-21-2007, 10:58 AM

Interesting stuff. I wonder how you would go about using those issues? As their reply during discovery would go something like; This falls out of the realm of discoverable material. Or something similar. And the judge would help them wiggle off the hook. Maybe in the superiour court presiding over the local district court?

nydeemarie · #5 02-21-2007, 11:36 AM

Notorial Acts.. ie never misrepresent to the court...can the good standing of a notary survive that challenge?...

go after the commission alone without it even being a debt issue? ie notary bond? de commission for fraud use evidence in other suit?

I was also thinking... this is where friends usually say ut oh...

Wonder what would happen if you sued both the original creditor and the debt collector in the same action.. forcing one to say they didn't retain the other...

a few bites at the same apple... ?

masterduke · #6 02-21-2007, 10:23 PM

I don't know if the judge will let you run that far off the "reservation" so to speak??? They will stick as much as they can to the courtroom debt collector screwing issue as they can. The judge will actively push this scenerio. They want your money via judgement as quickly as they can steal it. Raising the issue of suit against both the OC and the debt attorney would be brave, honorable, and great, I just don't know if the judge will allow it??? The debt attorney would be howling so loud you could hear 'em down the hall. Crying for you to be sancationed. And the OC they are done with the issue, gone, sold, bill don't live here no mo'. They have been paid by their insurance carrier, got a tax credit, paid out a dispersment to the trust investors,.... it's my birthday, got to party, and on and on it goes. Still it would be great to be able to jab 'em with an approach like this!

charlesa6 · #7 02-21-2007, 11:19 PM

Yea, good thought indeed, masterduke.

Notorial dissent · #8 02-22-2007, 02:26 AM

Being a notary has nothing to do with being a lawyer, or vice versa. A lawyer acting as a lawyer is not performing notarial functions and a notary is not performing legal functions, so being one or the other has no effect.

So, unless a notary has, in their capacity as a notary, violated some rule, there is no action that can be taken against them, any more than if the lawyer has not violated some legal canon rule. So unless the lawyer is misrepresenting themselves as a notary or the notary is misrepresenting themselves as an attorney there is nothing there.

There may be action that can be taken against a lawyer if they knowingly file a false document, but since all a notary does is attest to a signature there isn’t much room for action there, and since a notary cannot attest to a document they themselves signed there is nothing here to act against.

Best advice, don’t waste your time haring off after this, spend your time disputing the debt proving it is invalid or improperly collected if you don’t intend to lose at the hearing.

nydeemarie · #9 02-22-2007, 06:20 AM

Happy Birthday Masterduke..

Please bear with me.. I'm new and like the avatar says.. just waking.. I still have bed head...

Some backround..
OC charged off, sold twice.. middle guy defaulted and resold.. each time a refuse to contract went out..

Third guy represents the OC as Plaintiff, never mentions asset recovery company.. and ignores letter of proof..
sewer serves for default judgment.. in original creditors name.. The way the paper is written, it is the original creditor being represented by this attorney.. Brave nah.. The way I look at the paper to respond the original creditor would have to be named.

Notorial.. Odd world we live in... I just figured the notary part of the lawyer was easier to attack.. I understand they have to apply for the notary part seperate.. I guess once you prove the fraud.. they are de commissioned anyway..

Shoonra · #10 02-22-2007, 07:33 AM

I once applied for a notary license.
Attorneys are NOT automatically notaries. As a matter of fact, since a notary is not capable of notarizing his own signature, attorneys very seldom apply to be notaries, but large law firms or govt agencies frequently have someone else on staff with a notary license, such as a secretary or clerk.

The American public notary is a very different functionary from a European notary but I am not familiar with the European notary's practices.