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Notary Certificate of Dishonor

Notary Certificate of Dishonor

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Published by Dennis-Jospeh
Important information you need to understand!
Important information you need to understand!

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Published by: Dennis-Jospeh on Aug 07, 2010
Copyright:Attribution Non-commercial


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Within the Uniform Commercial Code (UCC) is a process called a 'notarial protest', also knownas Notary Certificate of Dishonor (COD) method. Notarial protest has generally been used by banks in their commercial transactions, but more recently, the Notary COD method has beenused in disputes with government agents, agencies, banks, and corporations by people who areunable to afford the services of an attorney and/or have been disappointed when seeking justicethrough the courts. It can be used to head off potential litigation, settling of the case prior to it's being brought into court, or sometimes, for a case that is already in the court.The COD is a 3-step process which is performed by a notary after you have made a good faitheffort to settle the matter with your opponent but they have ignored you. You then bring thematter to the notary and request s/he re-present your documents to the opposing party as a third party witness to their dishonor. The notary invites them to respond to him/her within a specifictime frame, offering a follow-up Notice if there is no response. If no answer is forthcoming, thena Certificate of Dishonor is issued.The Conditional Acceptance (CA) for Value for Proof of ClaimA Conditional Acceptance is used when a demand for payment or performance (a 'presentment')is made upon you to which you do not agree. You accept the adversary's presentment and agreeto perform as they demand but only upon receipt of their proof of claim that you have anyliability to them, such as a lawful contract. This is a way to avoid arguing so that should there bean attempt at litigation, it can be shown that there is no controversy since you never refused to perform but merely asked for some proof of why performance on your part would be appropriate.Cases are brought to court for argument. If there is no argument, there is no case.A Notary COD can be used either after you have done a Conditional Acceptance (CA) and theother party has not proven his/her claim, or because an entity or person is refusing to release your  property to you such as property that you lent to someone and they will not return it, or a demandto pay a sum that you do not think you owe, etc.
If the presenter fails to reply to your CA, or replies but does not answer your questions or  provide the proof you requested or, if you request performance (like returning your property) andthey do not answer or refuse for no good reason (both are 'dishonors'), you can then bring theissue to a notary who is familiar with the protest or COD method. The notary will re-submit your offer and/or ask the adversary why s/he is dishonoring your offer (the CA, contract, or whatever)or request. The notary is a state official as well as an officer of the court, who serves as animpartial third party to whom an explanation, answer, can be sent. Generally, the notary willcontact the adversary twice, each time giving them a specified time frame in which to answer. If no response is received, then the notary will issue a Certificate of Dishonor, the original of whichis sent to you, along with copies of all of the documents in the process, and can be brought before a judge for a Declaratory Judgment.Using the COD ServiceAll notaries are empowered to Protest to a foreign jurisdiction. You'll just have a hard timefinding one who is familiar with it and is willing to help you in that respect. Your signature onthe Affidavit below which begins the COD process, however, will be acknowledged by a notaryin your own locale.Getting started: The following sample Affidavit will establish your request for notarial servicesand verifies the steps you've already taken. Please use the sample below to customize anAffidavit to fit your situation.-----------------------------------------VERIFIED DECLARATION IN THE NATURE OF AN AFFIDAVITI, [Your name], a living soul, over 18 years of age, being competent to testify and having firsthand knowledge of the facts herein, declares under penalty of perjury of the laws of the unitedStates of America, that:1. On August 23, 2010, I received a demand for payment in the amount of $___________ from[whatever company/bank] which I disputed.2. On August 25, 2010, I sent a Conditional Acceptance (CA) [or whatever other document] to[whatever company]
3. [Company] did not answer within the required time frame and so on [date] I sent them a Notice of Fault with an additional 10 days to answer.Etc., etc.In light of the dishonors noted above, I hereby request your services as a notary public for theCommonwealth of Pennsylvania, to evidence the dishonor outlined above by re-presenting myConditional Acceptance and Affidavit to [whatever company]. Attached herewith is a copy of my Affidavit and dishonored CA [or whatever other documents were used].Further, Affiant sayeth naught.Date: Name:__________________________________ [print name and address] Notice:Use of a Notary on this document does not constitute an adhesion, nor does it alter my status inany manner. The purpose of the notary is verification and identification only and not for entranceinto any foreign jurisdiction.State of )) ss:County of )On this, the _____ day of _________________, 2010, before me, a notary public, theundersigned officer, personally appeared_______________________, known to me (or 

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