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Thread Topic: More illegal protest requests
Topic Originator: Robert Koehler
Post Date June 15, 2010 @ 12:05 PM
 More illegal protest requests
 RE: More illegal protest requests
 RE: More illegal protest requests
 RE: More illegal protest requests
 RE: More illegal protest requests
 RE: More illegal protest requests
 RE: More illegal protest requests

Robert Koehler
103 Posts
(Tampa, FL)
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More illegal protest requests06/15/2010  12:05 PM Members Login to Reply

Here's a conversation I had today re: notary "protests". Thought it might be of interest to some of you. I kind of like getting these e-mails because it gives me the chance to educate somebody about what a notary really does and I (try to) keep them from getting involved in these completely fraudulent activities. All names and other identifying info has been taken out.

Hi Robert,
 
I found you on the web.  My brother is in the ***** (prison) in *****.  He is in need of a Notarial Protest and Certificate of Default.  I have Power of Attorney for him and have been the one to prepare his documents that have been sent into the Office of Risk Management in Rosenberg.  I also have his cell mate whom I have filed the documents for as well and his documents were sent into the Office of Risk Management in *****.  They have copies of the documents and the money to pay for the services.  I am just their gopher and I live in *****. 
 
I will give you a little background about their situation.  They both deserved to be in prison, and they have no doubt about that.  However, everything is big in ***** including sentencing.  There were also many mistakes made in their cases which increased their sentence and we are seeking for their extraction.  Get out of jail card.  Everything we have sent in is legal and professional looking.  Of course, Risk Management has ignored everything we have sent which was to be expected.  I have been the one to prepare and send everything in for them so far.  Finding a notary that will do a Protest in ***** is not an easy thing to do. The Notaries that I have used thus far have been the girls at the bank.  I doubt they know how or would do this necessary service. 
 
So there you have a nutshell version of what we need.  Let me know if you can be of assistance.
 
Thank you,
*****

Ms. *****:
 
The reason you can not find a notary to do it in ***** is because the "Notarial Protest" method is illegal, and notaries are not authorized to get involved in those matters. There are many tax evaders and government protesters on the internet who try and convince people that this is a legal procedure.
 
A real "protest" is nothing more than a certificate that a check was dishonored due to insufficient funds in the drawer's account. The method you describe is 100% illegal in all states and I would highly suggest you make no further effort to get involved in such activity. Notaries have been thrown in jail and lost their commissions due to involvement in these types of activities.
 
I hope this has been a satisfactory explanation.

Robert


Robert,
 
Wow, you must have been on your computer when I sent this.  Thank you for the fast reply.  Actually, you are correct and I apologize for using the wrong terminology.  What I'm seeking is a Notary Certificate of Dishonor.  The Office of Risk Management has not responded to our documents at all.  My understanding is that this process is for the basis of another attempt to get them to respond to what has been sent into them.  I acknowledge your expertise on this. 
 
I have not asked anyone in ***** to do it, I just didn't think they knew how.  Having seen your charges, I knew there was something different from what you do in relation to what some others charge.  I agree with you that there are organizations that pull some illegal tricks and I do not agree with their ideas.  We are simply trying to get some relief.  I still believe in paying my taxes. 
 
Your information is very educational for me and I will share it with my brother and his cell mate. 
 
Thank you,
*****


Ms. *****:
 
The "Notary Certificate of Dishonor" is another name for the "Notarial Protest"/"Certificate of Default"/"Notary Acceptor" process. They are all the same thing and are equally illegal.  I have done a lot of research on it and I know what it entails.  It generally requires the notary to certify that certain documents were mailed and that no response was received. Notaries are not authorize to certify those types of facts. We can only certify things such as oaths being taken, documents being signed, true copies of documents, etc.
 
Unfortunately, as I said there are many crazy people out there who are actually making money by selling the instructions for this "procedure" to people to try and get out of a court judgment, or to avoid a foreclosure, etc. It is completely illegal and I have personally reported notaries who have gotten involved in it. And, as I said previously, there are notaries who have been imprisoned because of this. That gives you an idea of how insanely illegal this procedure is.
 
As notaries we do not have the authority to issue any sort of "administrative judgments". We are ministerial state officers who perform simple duties that do not require judicial discretion.
 
I hope I've clarified the process for you and given you a better insight into what we as notaries are authorized to do.
 
Robert


Robert,
 
Thank you for your information.  I have debated with my brother about this process simply because I didn't think it was necessary.  It really didn't make sense to me anyway.  I will send him a copy of these emails so that he has the whole enchilada.  Great!  I win the argument.  Thank you again....have a great life!
 
*****


On another note, I would suggest that he invest in a good criminal attorney to help him with these issues.
 
Best of luck to you.

Robert

 



Paul Pitt
28 Posts
(San Diego , CA)
RE: More illegal protest requests07/21/2010  8:48 PM Members Login to Reply

This conversation has been enlightening for me.  I recall classes about "drop shipment - bill f lading attached -- counter draft upon delivery" BUT I had not idea that the prostest were being used to get crosswise with the government (which is not a good place to be).   When they covered "protests"  in the Notary class I assumed an agent was named to receive something and refused it (damaged, etc.) and wanted to notarize the refusal. (assume then the insurer has formal notice of some defect and refusal to accept delivery).   (I do not do anything like that so a protest was not of grat interest to me, but now I see it as "trouoble" to be avoided).  Although it was covered in class I do not work for attorneys (as a notary anyway) or shipping/receiving terminals, or customs brokers nor do I get involved in depositions.  So most of that was "just to pass the test" and not seen as somethign I'd encounter.  Otay is a few miles south of here (NAFTA) and there are some marine receivers down at the harbor (admiralty) but they are not in my world. Is there any reason to "brush up" on marine insurance, bill of lading/drop shipment, NAFTA, customs brokerages?  I just do not see $10 in it.

Richard DeLauder
11 Posts
(York, PA)
Visit Richard DeLauder's Website
RE: More illegal protest requests09/05/2010  3:11 AM Members Login to Reply

Robert, You erroneously inform the reader's that the Notary Certificate of Default Method is "illegal", when in fact it is a Commercial Remedy used Internationally, I suggest you read:   A Manual For The Use of Notary Public's and Bankers      by Bernard Roelker,  Reference:    Stanford Law Library

 http://books.google.com/books?id=3os0AAAAIAAJ&printsec=titlepage#v=onepage&q&f=false



Robert T. Koehler
103 Posts
(Tampa, FL)
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RE: More illegal protest requests09/05/2010  6:24 AM Members Login to Reply

If you read that book, you will see that protests are used to Collect a debt, not avoid one. A protest only certifies that a check or promissory note was dishonored. And no, demanding letters sent to the IRS or to a mortgage company are not "negotiable instruments" and when the entity fails to respond, that is not "dishonor". Dishonor is "failure to pay", not "failure to respond" or "failure to perform".

Richard DeLauder
11 Posts
(York, PA)
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RE: More illegal protest requests09/05/2010  1:45 PM Members Login to Reply

The Notary Certificate of Default and Dishonor Method is Effective in establishing and maintaining a Good Administrative Record  and Producing Court Admissable Evidence of a claim.   And i am not referinfg to Tax Protestors or Debtor's trying to avoid performing.



Linda Hubbell
209 Posts
(Fort White, FL)
Linda Hubbell's Avatar
RE: More illegal protest requests09/06/2010  6:47 AM Members Login to Reply

"The Notary Certificate of Default and Dishonor Method is Effective in establishing and maintaining a Good Administrative Record  and Producing Court Admissable Evidence of a claim. "

And IMO that's an abuse of the office of the Notary Public, especially in Florida.  Good administrative records and admissible evidence can be maintained without use of a notary - notarizations do not make a document legitimate - it merely establishes the identity of the signer based on acceptable ID presented - it's the signature that's notarized, not the document. 

 



Robert T. Koehler
103 Posts
(Tampa, FL)
Visit Robert T. Koehler's Website
RE: More illegal protest requests09/06/2010  9:05 AM Members Login to Reply

Exactly. And this "notary default method" has the notary certifying a whole lot more than that... It usually requires the notary to certify that certain documents were mailed on certain dates and that no response to the letters was received. This does not constitute "dishonor" within the meaning of the UCC and therefore it isn't something that could be certified by a notary.

Dishonor means that payment was refused on a legal check or promissory note. It does not mean that someone failed to respond to some thirty page letter rambling that the USA doesn't exist or other such nonsense.




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