While working as a notary, you may encounter situations where a signer refuses notary services. This can happen for various reasons, from misunderstandings about the process to personal hesitations about the documents being notarized. As a notary, it’s essential to manage these situations professionally, ensuring that you and the signer comply with the legal requirements.
Handling a refusal properly involves clear communication, understanding the reasons for the denial, and knowing when to proceed or pause. Let’s explore how to manage this scenario effectively.
Common Reasons for Refusal of Notary Services by a Signer
Understanding the underlying reasons why a signer might refuse notary services can help you manage the situation more effectively. Here are some common causes:
- Lack of Understanding: Signers may refuse to proceed if they don’t fully understand the document or the notarization process.
- Concerns Over Document Content: Sometimes, signers may refuse to continue because they are uncomfortable with the document content or its legal implications.
- Feeling Rushed: Signers who feel pressured or rushed might hesitate and refuse to go forward with notarization.
- Doubts About Legality: If a signer feels something about the process or document is illegal or not in their best interest, they may refuse to sign.
- Disagreement with Fees: Occasionally, a signer may refuse because of a dispute over notary fees, especially if they were not disclosed upfront.
How to Address a Signer’s Refusal
When a signer refuses notary services, your first step should be calmly assessing the situation. Understanding their concerns will allow you to address them professionally and potentially resolve them.
- Ask for Clarification: Politely ask the signer why they are refusing notary services. Understanding their reasoning can help you address the issue.
- Example: “I understand you’re hesitant to proceed. Could you explain what’s causing your concern?”
- Provide Information: If the refusal stems from confusion or a lack of understanding, take the time to explain the notarial process. For instance, the signer might not understand that your role is to witness their signature and verify their identity, not to review or approve the document’s content.
- Allow Time for Review: If the signer feels rushed or pressured, give them more time to review the document or consider their decision. This can alleviate feelings of hesitation or discomfort.
Best Practices for Resolving the Situation
In many cases, taking a moment to address the signer’s concerns can resolve the refusal and allow you to proceed with the notarization. Here are a few tips for handling these situations:
- Stay Calm and Professional: Always remain calm and professional, even if the signer becomes frustrated. Avoid confrontations and give them space to express their concerns.
- Encourage Legal Advice if Needed: If the signer is concerned about the document’s content, suggest that they seek legal counsel before proceeding. This will help them feel more secure in their decision to sign or not.
- Explain the Notary’s Role: Some signers may not fully understand the role of a notary. Explaining that your responsibility is to verify their identity and witness their signature (rather than reviewing the legal content) can sometimes clear up confusion.
Example of Communication:
| Concern | Response |
| The signer doesn’t understand the process. | “As a notary, I verify your identity and witness your signature. I don’t review the content of the document itself.” |
| The signer feels rushed. | “Please feel free to take more time to review the document. There’s no need to rush.“ |
| The signer is unsure about the legality. | “It’s important that you feel confident. If you have any concerns, I recommend speaking with a lawyer before signing.” |
Documenting Refusals
If the signer ultimately refuses to proceed with the notarization, it’s a best practice to document the refusal in your notary journal. While not all states require this, recording the interaction protects you from liability and provides an official record of the refusal.
Include details such as:
- The date and time of the interaction.
- The reason given for the refusal (if the signer shared one).
- Please include any additional relevant notes, such as concerns raised by the signer or steps you took to clarify the situation.
Keep Reading: How to Handle a Power of Attorney Notarization
When to Decline the Notarial Act
Sometimes, a signer’s refusal may indicate that you should decline the notarial act. For example, if the signer appears coerced, unsure, or confused about what they’re signing, it’s in your best interest to refuse to proceed. Notarizing under these circumstances could lead to potential legal complications later on.
In cases where it’s clear that the signer does not fully understand or agree to the notarization, declining the notarial act is the most professional and legally sound approach. Politely explain your decision to the signer and offer to assist them later when they feel more comfortable.
Navigate Refusals with Patience and Professionalism
Notary service refusal requires patience, professionalism, and clear communication. By understanding the signer’s concerns, offering explanations, and documenting the interaction, you can maintain a smooth and professional process while ensuring legal compliance. Knowing when to decline a notarial act can protect both you and the signer from potential legal issues.
For more resources on managing notary services and handling signers’ concerns, visit the Notary Public Association, which offers valuable tools and best practices to help you navigate your role as a notary.
