PJT04 - From the public notary perspective - each notarial protest I have conducted has been successfully completed with the CD and Notary Notes being issued. As of this date, I have not had a company respond to any of the notices I have sent out. Also, I have yet to be called in on a UPL Violation or been called to testify.
As far as the success of the individual in having their debt extinguished, I can't say because my responsibility ends once the CD and Notary Notes are issued.
The documents I have handled have primarily been through the redeemption programs. There are some out there I will not handle because folks don't know what they are doing, don't understand or have a clue to the mechanics of what they are doing and are going into it as a get rich quick scheme. I have conducted protests on IRS and on credit card companies. I have not conducted protests on any Mortgage Eliminations.
I have certain requirements of items that need to be in the paperwork when I receive it for my protection as well as the client. If these requirements are not in the paperwork then I will not conduct the protest. This is why in my earlier post I stated that the only paper that can be protested in this country is foreign and the individual has to state in their affidavit to me what is making the paper foreign. Understand, when I am conducting the protest, I am acting as your agent and I can sink your ship in a hurry with one error or mistake.
I am aware of HRJ192 and still need to do more studying on it.
Weishuapt - It's just a matter of knowing where to look.
http://www.flsenate.gov/Statutes/ind...%2D%3EPart%20V
This is the link into Florida Statutes Title 39 Chapt 673 Section 673.5051 is where it is stated that a notary in Florida can conduct notarial protests. I did an overview regarding the protest this last Fall at a Florida Mobile Notary Association class.
In any state, it will be difficult to find a notary that will conduct the protests because everyone is scared away from it with cautions as in the California handbook, DON'T DO THIS UNLESS YOU ARE TRAINED, or like Florida where it isn't even addressed in the handbook anywhere.
On the
www.notaryprotest.com website is a pdf file listing out the state statute/code etc regarding this as a duty of the notary or a U.S. Consular. Remember, in most countries except the U.S. notaries are generally legal people barristers, solicitors with a legal education. We are the only country that does not have that requirement on the notaries. I'll say the exceptions to the rule are the Civil Law Notaries which some states have and some don't, the requirement is that they are an attorney (BAR card carriers) with the exception of Louisianna. All Louisianna Notaries are Civil Law Notaries which gives them the authority to draw papers. As a Common Law Notary, I am not authorized or allowed to draw documents as a non-attorney.
This is why when I conduct a protest, the individual requesting the protest has the joy of drawing all the paper and sending it to me ready to go.
If I drew the paper then the BAR would come in and charge me with UPL violations and toss the CD and Notary Notes out of court.
