Wednesday, November 10, 2010

Get a “Bottom Line” Mobile Notary Fee

“Are there any other fees or charges?” is a common question when I quote a price for my mobile notary, fingerprinting, or Apostille/Legalization services. My standard reply is “I don’t like to get or to give surprises”. It seems that some notaries are advertising in a “bait and switch” manner, adding fees and surcharges to a low starting number. I consider that deceptive. When I quote a price for services, based on your stated requirements, that’s the price – unless the requirements change. I am one of the very few A+ rated notaries with the Better Business Bureau of New York, (I know of no other). http://kenneth-a-edelstein.com is dedicated to the highest standards of ethics and I maintain a very pro-consumer business policy.

Some are very creative with the “add ons”. I receive regular feedback from many clients about the “games” some play. Sometimes it’s humorous, “that is outside of my basic area”, my new client was told. “What is the basic area”, they asked. Silence, was the reply! Another common deception is to “not mention” that the return delivery of the Apostille incurs an additional “trip” fee, or having a high premium for same day service. I appreciate clients meeting me at the time scheduled, but I don’t charge a dollar a minute for a short wait, as some others do. It is my standard policy to suggest a duplicate, where practical, also be notarized; an official, original, backup copy. I make no additional charge and routinely request my client to have a copy ready for me to also notarize. It takes me little extra time to process and adds value to my visit.

As a http://newyorkmobilenotarypublic.com I meet many people. The vast majority are very honest. However, most are New Yorkers’ and tend to be wary of new business relationships. They are my most favorite prospective new clients. I invite them to compare my web site with the various alternatives. Most other sites give very little, if any, information about the key person, the notary who will actually be going to you. My site gives my real name, home address, and a host of “clickable” verifiable links, to a variety of information about me. I also provide, in place of hammering, mind numbing, sales pitches; a variety of useful information. I do the same with phone calls; stopping at the point where I am being asked for “legal advice”. I am not an attorney, and not qualified, or permitted, to give legal advice.

It’s always wise to ask, very firmly, for the “bottom line”; the “what must I pay” amount. Ask if there are any additional charges whatsoever. Of course, you must describe the job accurately. I have arrived at a “just one item to notarize” and been presented 17 “copies” – to also notarize. Be aware that the majority of the mobile notary’s time is spent in transit. I might be at your location for only ten minutes, but it can take over an hour to get to you. If you make many calls and ask “How much is a Notary?”, I can almost guarantee you that the lowest response will never be what you are asked to pay. There is also the issue of quality. Quality of service can vary from the professional service with proper supplies to handle virtually any situation. Ask about a variety of forms, sizes of notary stamps, embossers, a FedEx account, an on-line credit card acceptance (to keep your credit card information secure), etc. At the other end of the scale is the disorganized amateur, with a last 2 digits of the year shaved off, worn out stamp – and who, upon their (late) arrival, will ask to borrow your pen!

Tuesday, November 9, 2010

Notary must officiate on request.

That is not only rude, impolite and bad business; it’s also illegal. On my web site there is a link for Notary Laws and Procedures. At http://newyorkmobilenotarypublic.com that link leads to a direct link to the official notary law for New York State. Under Section 195 “Official Misconduct” which is defined as a “Class A Misdemeanor” it states: Notary must officiate on request.

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor. 

Thus, it is illegal for a Notary Public to refuse to notarize a document when requested. There are some practical limitations to the requirement. You certainly cannot demand entrance to a private residence to see a notary; no rule requires that the notary permit you into their home. It is generally viewed as applicable to “places of public accommodation”, such as a bank, law office, or pharmacy. You probably would not be able to disrupt someone’s lunch break. But the flat out refusal because you are not a “customer” is totally improper. If you run into this situation; print out a copy of the law from my site, and remind the reticent notary that they took an oath to uphold the notary laws of New York State – and criminal penalties apply to lawbreakers.

There is a practical side to public places. You generally have to wait your turn, sometimes in a very long line. “Walk In” notaries are not always available at your convenience. Some are only available on certain days and / or times of the day. Their primary job certainly takes precedence over their secondary accommodation of providing notary services. It’s a good idea for you to find out what day / time the “walk in” notary will be available. When http://kenneth-a-edelstein.com goes to you – at the place and time that suits you best; there is absolutely no wait. In fact, generally arriving a few minutes early, I check my email while waiting for you to become available. If you arrive with a complete “loan package” and require 43 notarizations; I doubt if you would be accommodated. Even the New York County Clerk will not process a large number of notarizations for an individual – it is too disruptive to the others waiting on line for service. It’s different when you have an appointment and the notary can allocate sufficient time for your processing.

There are some gray areas related to what a notary will process. Some notaries refuse to do Powers of Attorney, or documents in a Foreign Language. Banks typically refuse both. The former, they see as an exposure of the bank to possible litigation. The latter, I can only guess, is fear of the unknown. There is no legal requirement for me to be able to read the document. I only need to be able to administer the notary oath to the person signing in English, the only language I know. It is not permitted to administer the oath via an interpreter. There are probably other “cases” – but the general law is inflexible. The notary must accommodate your request as long as it is, in the notary’s opinion lawful. That includes proper date, lack of blank spaces, proper ID, etc.