Angela V
7 Posts
(Orange County, CA)
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Is it legal in the state of California to ask everyone for a thumb print in my journal? I know this only has to be done under certain circumstances, but I thought it would be a good policy!
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Angela V
7 Posts
(Orange County, CA)
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I just saw that Marian already answered this question a few posts ago:
"In 2005 there was a bill that tried to make it required for ALL notarizations, but it didn't go through. Despite that, many notaries simply get them anyway as a matter of practice even if they may not be required for a particular document. It's not wrong to ask for them, but if somebody refuses to give a thumbprint for a non-required document, we can't force them nor refuse to notarize their signature. Thing is, most Californians just accept that they have to give their thumbprint."
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Joan Bergstrom
187 Posts
(Riverside, CA)
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Thumbprint every signer you notarize in CA; there is not a better way to prove the signer was personally in front of you.
There was some guy in a Los Angeles Times newspaper article a couple of days ago that was arrested for taking tests for foreign college students. He had over 50-100 CA different drivers licenses.
Thumb Print everyone!
The "public" has no idea what CA notarized documents actually require a thumbprint!
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Marian Harmon
273 Posts
(Lancaster, CA)
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While it is good practice to request thumbprints, you cannot REQUIRE them, nor deceive them if they ask. I've started being very careful about this... and I tell them up front that it's optional. I usually say something like this, "I'd like to get your thumbprint here. State law requires thumbprints for certain documents, but this isn't one of them. Giving me your thumbprint today is optional, but it does help deter identity theft and is an excellent way of proving that you did appear today."
So far... I have 100% of those people giving me their print anyway, and many have commented that they appreciate being given the choice.
I think, as an instructor, Joan, it's irresponsible to tell everyone to do say, "Thumb Print everyone!"
Good practice to ask? Sure... but you have to be sensitive to the fact that there are a lot of people who don't like leaving their biometric information in public records, and if the notary gives the impression that it is a requirement when it isn't -- they open themselves to a lot of trouble.
This is especially true of people who are from others states, such as Texas, where thumbprints are actually DISCOURAGED by the Secretary of State. With a high military presence in California and people from other states, you really have to be careful in how you approach it.
And yes... a notary's journal IS a public record... with strict access rules, of course. But all the same, any member of the public can request copies of entries if they ask properly.
I cannot begin to tell you how many notaries I've met who INSIST on a thumbprint when it isn't required. I have stood in line at Kinkos, for example, and heard notaries tell people that it's required for all notarizations -- that it's a corporate policy.
These people manage to pass the test somehow... but that's all they do. They take these seminar classes from companies who only care to teach them enough to pass the exam at the end of the class the same day, and then there is little no retention of the material. Little of the material is stored in their long term memory. And then, months later when they get their commissions, they have no idea what they're doing.
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Angela V
7 Posts
(Orange County, CA)
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Joan and Marian,
Thank you for your responses, I appreciate it! While I agree with you both that I should try to obtain a thumbprint each time, I think Marian’s sentence is the way to go and that is how I will present it in the future. Thank you again for your knowledge and help!
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Paul Pitt
28 Posts
(San Diego , CA)
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I like the idea of "thumbprint every signer." The whole idea is that the Notary swears he/she got a positive ID. A thumbprint reinforces positive ID. [yes there are ladies in L.A. with more than 300 names under which they have been arrested. They are not considered ID'd until after the prints have been run]. It's a good idea to have general company policies about positive ID, intoxication, mental condition and abnormalities that are apparent to a reasonable and prudent adult.
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Nicole Dc
2 Posts
(, AL)
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Thanks you for the post.
Hi guys, Im a newbie. Nice to join this forum.
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