Notary Public Misrepresentation Complaint

Summary

If you encounter misrepresentation by a notary public or bank manager in California, you can file complaints with the California Secretary of State, the banks corporate office, the California Department of Consumer Affairs, and the Better Business Bureau. Misrepresentation involves giving false information or creating a misleading impression. You can seek compensation for emotional distress or financial harm. For small claims, gather evidence, calculate damages, and file a claim. Mediation services can also help resolve disputes. Fee waivers are available for low-income individuals.

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I wanted to know if when im meeting with a n notary public for notarization, are only the notaries supposed to be the ones that are handling the information?

In California, the notary public is primarily responsible for handling the information related to the notarization process. However, others may assist or handle documents as long as the notary verifies the identity and signs the document.
Do you have any specific concerns about your notarization process?

well I had an apt with a Bank of America notary public but when I arrived and started the process the manager came in ordering the notary to review the document beforehand to make sure they could take care of that specific document. after checking their system the notary public couldn't find a title that matched and the manager looked at the document concluding that they were unable to notarize that specific document. It was strange because the normal notary who I had seen before helped me with the exact same document. I tried scheduling an appointment with the notary I had been helped with a few days later and when I checked in the manager immediately demanded I show them my files. I told them I didn't feel comfortable expressing id wait until my appoinment with the notary. Who didn't end up being at work that day and no one thought to communicate this information with me even though I selected and requested that specific banker.

It sounds like you encountered some irregularities in the notarization process. In California, only a commissioned notary public should handle the notarization process. Misrepresentation of notary status is a serious issue and could be a violation of notary laws.
Would you like to know your options for filing a complaint or seeking further action?

When I questioned why she needed to see my papers and why it wouldn't state what she was implying on their website "managers and notaries will review documents, she couldn't answer. She said that she's notarized documents before and because she has experience that's why she was providing her service. When she said this I asked if she was currently a notary and after deflecting and providing irrelevant conclusions finally received an answer that she hadn't renewed her certificate and was not currently a notary. Even though she was claiming and making it seem like she was in that position. She also lied when I had requested to see the other notaries certificate stating that it was private and proprietary. I told her I found it hard to believe and how would customers go about verifying and validating a certified individual is who they say they are? She gave no other id and said the book is confidential and that I couldn't receive any of the information or any copies from the journal.

It sounds like you experienced significant issues with the notarization process and potential misrepresentation. In California, only a commissioned notary public is authorized to perform notarizations, and misrepresentation of notary status is illegal.
Here are your options:
- File a complaint with the California Secretary of State.
- Report the issue to the bank's corporate office.
Would you like more details on how to file a complaint?

what is misrepresentation? what does it mean? because she didn't perform the actions of the notary public but she was going over the papers and expressing their inability to take on the form among other things

Misrepresentation is when someone provides false or misleading information or presents themselves in a way that is not truthful. In your case, the manager implied she was a notary without a valid certificate, which can be considered misrepresentation.
Would you like to know the steps to file a complaint with the California Secretary of State?

Misrepresentation involves giving false information or creating a misleading impression. In legal terms, it means:
- Making false statements or claims about one's identity, authority, or qualifications.
- Acting in a role without proper authorization or certification.
Do you need help with filing a complaint regarding this situation?

can you give more details about filing a complaint

Sure, Jean! Here's how you can file a complaint:
- California Secretary of State:
- Visit the Secretary of State's website.
- Fill out the Notary Public Complaint Form.
- Provide detailed information about the incident.
- Bank's Corporate Office:
- Contact the bank's customer service or corporate office.
- Provide a detailed account of your experience.
Would you like the links to the specific forms or more guidance on this process?

yes

Case Rating: *

Filing a Complaint
California Secretary of State:
- Visit the Secretary of State's website: [California Secretary of State - Notary Public Complaint Form](https://www.sos.ca.gov/notary/complaint)
- Fill out the form: Provide detailed information about the incident.
Bank's Corporate Office:
- Contact customer service: Use the bank's official website or phone number.
- Provide a detailed account: Explain your experience and concerns.
Would you like additional information on any of these steps?

both

Sure, Jean! Here’s how you can proceed:

~California Secretary of State
- Visit: [Secretary of State's website](https://www.sos.ca.gov/notary/file-complaint/)
- Form: Fill out the Notary Public Complaint Form.
- Details: Provide a detailed account of the incident.

~Bank's Corporate Office
- Customer Service: Contact the bank’s customer service.
- Details: Provide a detailed account of your experience.
Would you like further assistance with this process?

yes also is there money I can get from her unprofessionalness and misrepresentation?

In California, you could potentially seek compensation under certain conditions, such as if the misrepresentation caused you financial harm or emotional distress.

~California Secretary of State
Website: [Notary Public Complaint Form](https://www.sos.ca.gov/notary/file-complaint)

~Bank's Corporate Office
Contact: Customer Service or Corporate Office
Would you like more information on pursuing a legal claim for damages?

yes also is there money I can get from her unprofessionalness and misrepresentation?

You might be able to seek compensation under certain conditions, such as proving financial harm or emotional distress due to the misrepresentation.
Key Steps:
- Consult a lawyer to evaluate the specifics of your case.
- Document all communications and evidence related to the incident.
Would you like more details on finding legal representation or understanding potential legal claims?

also is there money I can get from her unprofessionalness and misrepresentation?

In California, you may seek compensation for unprofessional conduct and misrepresentation if it caused you financial harm or emotional distress. Potential claims could include:
- Fraud or Misrepresentation: If false claims led to damages.
- Negligence: If the unprofessional conduct caused harm.
Would you like more guidance on pursuing a legal claim for damages?

yes

Jean, you could potentially seek compensation for misrepresentation and unprofessional conduct. Here’s a brief overview:
- Fraud or Misrepresentation: If false claims caused you harm, you might have a case.
- Negligence: If the unprofessional behavior led to damages.
Would you like to know more about how to initiate a legal claim for these issues?

no I want to know what other ways since it didn't cause me physical harm

If there was no physical harm but you still experienced emotional distress or financial loss, you could consider:
- Emotional Distress Claim: If the experience caused significant emotional distress, you might have grounds for a claim.
- Consumer Complaint: File a complaint with consumer protection agencies.
- Demand Letter: Send a formal letter requesting compensation for the inconvenience and distress.
Would you like more details on any of these options?

what other ways can I gain financial gains

Jean, here are some general ways you might seek financial gains:
- File a Complaint: Misrepresentation and unprofessional conduct can lead to compensation.
- Small Claims Court: Seek damages for any financial losses or emotional distress.
- Mediation: Resolve disputes and potentially receive settlement.
Would you like more information on any of these options?

give me a very detailed information on the emotional distress evidence needed to do this

Jean, to pursue a claim for emotional distress in California, you'll generally need to provide evidence to support your case. Here are key points to consider:
- Direct Testimony: Your personal account of the distress experienced.
- Medical Records: Documentation from therapists, psychologists, or doctors showing treatment for emotional distress.
- Witness Testimony: Statements from friends, family, or colleagues who witnessed your distress.
- Journal Entries: Personal records detailing your emotional state and experiences.
- Documentation of Impact: Evidence of how the distress affected your daily life, work performance, and relationships.
Would you like more detailed steps on gathering this evidence?

yes please and then can you more info on all * filing a complain, small claims, and mediation

Sure, Jean! Here's a detailed overview of the three options:

Filing a Complaint:
- California Secretary of State:
- Visit the [Notary Public Complaint Form](https://www.sos.ca.gov/notary/file-complaint) webpage.
- Fill out the form with detailed information about the incident.
- Submit the form online or by mail.
- Bank's Corporate Office:
- Contact Customer Service or the Corporate Office.
- Provide a detailed written account of your experience.

Small Claims:
- Jurisdiction: Handles claims up to $*,*.
- Process:
- File a claim at your local small claims court.
- Pay the filing fee.
- Serve the defendant (the bank or manager) with the claim.
- Attend the hearing and present your evidence.

Mediation:
- Purpose: A neutral mediator helps both parties reach a settlement.
- Process:
- Contact a local mediation center.
- Schedule a mediation session.
- Both parties discuss the issue with the mediator to find a resolution.
Would you like more specific steps or assistance with any of these options?

yes please and then can you more info on all * filing a complain, small claims, and mediation

Sure, Jean! Here’s more detailed information:

Filing a Complaint
*. California Secretary of State:
- Visit the [California Secretary of State's website](https://www.sos.ca.gov/notary/file-complaint).
- Fill out the Notary Public Complaint Form with detailed information about the incident.

*. Bank’s Corporate Office:
- Contact the bank’s customer service or corporate office.
- Provide a detailed account of your experience and any supporting documents.

Small Claims
*. Prepare Your Case:
- Gather all relevant evidence like documents, emails, and witness statements.
- Calculate the exact amount you’re claiming.

*. File a Claim:
- Visit the [California Courts Small Claims](https://www.courts.ca.gov/selfhelp-smallclaims.htm) website for forms and instructions.
- File the necessary forms at your local small claims court.
*. Attend the Hearing:
- Present your case and evidence to the judge.

Mediation
*. Contact a Mediation Service:
- Look for local mediation services or visit the [California Courts Mediation](https://www.courts.ca.gov/selfSure, Jean! Here’s more detailed information:

Mediation
*. Contact a Mediation Service:
- Look for local mediation services or visit the [California Courts Mediation](https://www.courts.ca.gov/self

what's a mediation service

A mediation service helps parties resolve disputes outside of court with the help of a neutral third party, called a mediator. The mediator facilitates communication and negotiation, aiming to reach a mutually acceptable solution.
Would you like more details on how to find a mediation service near you?

does mediation cost money

Case Rating: *
Yes, mediation can cost money. Costs vary depending on the mediator and the specifics of the case. Some community-based or court-referred mediation services may offer low-cost or sliding-scale fees.
Would you like more information on finding affordable mediation services in California?

does * cost money?

Mediation services can sometimes be free, especially if they are court-sponsored or provided by community organizations. However, private mediation services typically charge a fee.
Would you like more information on free mediation services?

what if im broke like I have medi cal how do I go about * or *

Jean, if you're on Medi-Cal and concerned about costs, here are some options:
- Free Mediation Services: Many community organizations or court-sponsored programs offer free or low-cost mediation.
- Small Claims Court: The filing fees are generally low, and fee waivers are available if you qualify based on your income.
Would you like more information on fee waivers for small claims court?

yes

Jean, here’s how you can get a fee waiver for small claims court:
- Fee Waiver Application: Fill out the fee waiver forms, available on the [California Courts website](https://www.courts.ca.gov/forms.htm).
- Eligibility: Provide proof of low income, such as Medi-Cal enrollment.
Would you like help with the specific forms you need to fill out?

also please provide the structure or how I go about filing a small claim\

Sure, Jean! Here's a step-by-step guide on filing a small claim in California:

How to File a Small Claim in California
*. Determine if Your Case Qualifies
- Verify that your case falls within the small claims limit ($*,* for individuals).
*. Prepare Your Case
- Gather all relevant evidence such as documents, emails, and witness statements.
*. Calculate the Amount
- Determine the exact amount you are claiming.
*. Fill Out the Necessary Forms
- Visit the [California Courts Small Claims](https://www.courts.ca.gov/selfhelp-smallclaims.htm) website for the required forms.
- Typically, you'll need to fill out the Plaintiff's Claim and Order to Go to Small Claims Court (Form SC-*).
*. File Your Forms
- Submit your forms at your local small claims court.
- Pay the filing fee or request a fee waiver if you qualify based on your income (Form FW-*).
*. Serve the Defendant
- Legally serve the defendant with a copy of the filed forms. This can be done by a process server, sheriff, or someone over * who is not involved in thecase.
*. Attend the Hearing
- Present your evidence and case to the judge on the scheduled hearing date.
*. Collect the Judgment
- If you win, follow the court's instructions to collect the judgment from the defendant.

Fee Waiver for Small Claims Court
To request a fee waiver, follow these steps:
*. Fill Out the Fee Waiver Forms
- Complete the Request to Waive Court Fees (Form FW-*) and the Order on Court Fee Waiver (Form FW-*).
*. Submit the Forms
- Submit the forms to the court clerk when you file your small claims forms.
*. Wait for Approval
- The court will review your request and notify you if the fee waiver is granted.
Would you like more information on any specific step?

how do I do number *

Jean, for providing evidence of emotional distress, follow these steps:
*. Direct Testimony: Write down your personal account of the distress you've experienced.
*. Medical Records: Collect any documentation from therapists, psychologists, or doctors.
*. Witness Testimony: Gather statements from friends, family, or colleagues.
*. Journal Entries: Keep detailed personal records of your emotional state.
*. Documentation of Impact: Provide evidence of how the distress has affected your daily life, work performance, and relationships.
Would you like more details on how to gather this evidence?

no im talking about calculating the fees\

In California, small claims court fees vary based on the amount of the claim. Here's a breakdown:
*. Claims up to $*,*: $*
*. Claims from $*,*.* to $*,*: $*
*. Claims from $*,*.* to $*,*: $*
If you request a fee waiver, there will be no fees if you qualify. Would you like more information on calculating potential compensation?

im talking about calculating the fees

Jean, to calculate the fees for filing a small claim in California, follow these steps:
*. Determine Filing Fee: Fees vary based on the amount you are claiming:
- $* to $*,*: $*
- $*,*.* to $*,*: $*
- $*,*.* to $*,*: $*
*. Additional Fees: Consider possible costs for serving papers, and any other court-related expenses.
Would you like more details on possible additional fees or how to request a fee waiver?

is there a fee calculator online

Jean, for calculating small claims court fees, unfortunately, there isn't a specific online calculator. However, you can find detailed fee information on the California Courts website. Filing fees are generally:
- $* to $*,*: $*
- $*,*.* to $*,*: $*
- $*,*.* to $*,*: $*
Would you like more details on possible additional fees or how to request a fee waiver?

well im wondering how much the fee should be? is this a number I make up or is it calculated strategically

Jean, the fee for filing a small claim depends on the amount you are suing for and is set by the court. You don't make up this fee; it is predetermined. Here are the standard filing fees in California:
- $* to $*,*: $*
- $*,*.* to $*,*: $*
- $*,*.* to $*,*: $*
Would you like more details on how to determine the exact amount to claim?

well im wondering how much the fee should be? is this a number I make up or is it calculated strategically

Jean, the fee you claim in small claims court should be calculated strategically based on the actual damages you’ve suffered. Here’s how to approach it:
*. Direct Costs: Any out-of-pocket expenses you incurred.
*. Emotional Distress: Estimate based on the impact on your life.
*. Lost Wages: If you missed work due to the issue.
*. Other Damages: Any other financial impacts.
Would you like more details on how to estimate these amounts?

if I haven't actually suffered damages only theoretical sense because this has caused a delay in me receiving my drivers license since I needed the form to get a birth certificate copy

Jean, in your case, the lack of direct damages may make it challenging to pursue compensation for emotional distress. However, here are some general points to consider:
- Direct Costs: If you had to pay for extra services or incurred any expenses due to the delay.
- Emotional Distress: While harder to quantify, you could argue the inconvenience and stress caused by the delay.
If your losses are minimal, it might not be worth pursuing a legal claim. Would you like more guidance on another aspect of your situation?

yeah if you have a list of all the places I can file complaints to

Jean, here are some places where you can file complaints regarding the notary public issue:

California Secretary of State
- Website: [Notary Public Complaint Form](https://www.sos.ca.gov/notary/file-complaint)

Bank's Corporate Office
- Contact: Customer Service or Corporate Office

Better Business Bureau (BBB)
- Website: [BBB File a Complaint](https://www.bbb.org/consumer-complaints/file-a-complaint/get-started)
Would you like more information on any specific step or additional guidance?

can I get a list of all the places I can file complaints to/with

Sure, Jean! Here are some places you can file complaints regarding your situation in California:

California Secretary of State
- Website: [Notary Public Complaint Form](https://www.sos.ca.gov/notary/file-complaint)

Bank’s Corporate Office
- Contact: Customer Service or Corporate Office

California Department of Consumer Affairs
- Website: [Consumer Complaints](https://www.dca.ca.gov/consumers/complaints/)

Better Business Bureau (BBB)
- Website: [File a Complaint](https://www.bbb.org/file-a-complaint)
Would you like more information on any specific complaint process?

tell me how each one of them would differ if my complaint is taken into consideration for each

Jean, here's a brief overview of how each complaint process might differ:
- California Secretary of State:
- Outcome: The notary could face penalties, suspension, or revocation of their commission.
- Process: They will investigate the notary's actions based on your detailed complaint.
- Bank’s Corporate Office:
- Outcome: Internal action against the manager or notaries, possibly improving their procedures.
- Process: You’ll likely receive a response from the bank's customer service team.
- California Department of Consumer Affairs:
- Outcome: The department may investigate, leading to potential actions against the business or individual.
- Process: They will review your complaint to determine if consumer protection laws were violated.
- Better Business Bureau (BBB):
- Outcome: The business might resolve the complaint to maintain their BBB rating.
- Process: The BBB will mediate between you and the business to seek a resolution.
Would you like more specific details on any of these processes?

but she's not a notary she's a manager

Jean, if the manager is not a notary, here's how the complaint processes can still be relevant:
- California Secretary of State:
- Outcome: Not directly applicable as this is specific to notaries.
- Process: N/A.
- Bank’s Corporate Office:
- Outcome: The bank may take internal disciplinary actions against the manager.
- Process: File a detailed complaint with the bank's customer service or corporate office.
- California Department of Consumer Affairs:
- Outcome: They could investigate the bank’s practices and take action if consumer protection laws were violated.
- Process: Submit a detailed complaint through their website.
- Better Business Bureau (BBB):
- Outcome: The bank might resolve the complaint to maintain their BBB rating.
- Process: File a complaint with the BBB, who will mediate with the bank.
Would you like more specific guidance on any of these options?

or are you saying the notary will also reinvestigated for letting the manager into the meeting without having proper certification of renewing her notary license

Jean, here's how your complaint could be addressed given the manager's involvement:
- California Secretary of State:
- Outcome: They may investigate the notary for allowing unauthorized individuals to handle notary duties.
- Process: The notary could face penalties if found in violation of notary laws.
- Bank’s Corporate Office:
- Outcome: The bank could take internal actions against the manager for misrepresentation and procedural failures.
- Process: You might receive a formal response and resolution from the bank.
- California Department of Consumer Affairs:
- Outcome: They may investigate the business practices of the bank and the manager.
- Process: They will review your complaint to determine if any consumer protection laws were violated.
- Better Business Bureau (BBB):
- Outcome: The bank might address your complaint to maintain their BBB rating.
- Process: The BBB will facilitate communication between you and the bank for a potential resolution.
Would you like more information on how to file a specific complaint?

Notary Public Misrepresentation Complaint

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