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Can Notaries be sued even if they don't do anything wrong?

Principle: #04202025 Liability Protection
https://www.nationalnotary.org/michigan/insurance/errors-omissions


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Breaking the law as a Notary can get you into serious trouble. Not only could you lose your Notary commission, but you could also end up with a criminal record or face time behind bars! In this video, we look at how two Notaries, Norma and Nick, handle three tricky and illegal situations. So, how might you handle these things to avoid them? Pause at each scenario to think about what you would do and see if your answer is correct. Remember, when performing your Notary duties, don’t cut corners or make up your own rules. In most states, there are specific regulations set in place that protect both you and the people you serve as a Notary Public. So, unless you want to find yourself in serious legal trouble, play it safe and stick to your state’s regulations!

Yes, a Notary can be sued even if they haven't done anything wrong. This is because they can be named in a lawsuit simply for being involved, even if they didn't make any errors. However, if a Notary follows proper procedures and doesn't make any mistakes, they are less likely to be found 

Here's why a Notary might be sued even if they haven't done anything wrong:

  • Wide Net Casting: Plaintiffs in lawsuits often name multiple parties in the hope of finding someone liable, even if it's unclear who is at fault, according to the National Notary Association. 
  • Legal Obligations: Plaintiffs have a legal obligation to name all parties potentially liable, even if they don't know who is at fault, says the National Notary Association. 
  • Subpoenas and Depositions: Once a lawsuit is filed, plaintiffs can issue subpoenas and conduct depositions to gather information about the case, even if the Notary wasn't at fault, according to a YouTube video. 
  • E&O Insurance: Notaries should have Errors and Omissions (E&O) insurance to cover legal fees and potential damages in case of a lawsuit, says the Michigan Notary Association. 
  • Notary Question: 'Can I get sued even if I didn't do anything ...

The short answer is yes. ... It's not unusual for a Notary to be named in a lawsuit simply because plaintiffs are obligated to cas...


Simply saying, “I haven't done anything wrong!” won't be enough to get a lawsuit dismissed -- even if it's true. Under a Notary errors and omissions policy, the insurer is contractually obligated to defend the Notary in a lawsuit up to the limits of the policy. 

Michigan Notary errors & omissions (E&O) insurance protects you financially if you are sued for making an unintentional mistake, or if a false claim is ...

The information in this blog is not intended to be legal advice.
If you have a question about a specific notary law or regulation,
please consult an attorney in your state.

 How to Become a Notary Public 


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