Is a document signed by a notary public a legal document?
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Is a document signed by a notary public a legal document?
A signed document states one party owes another party $5800.
Asked on April 12, 2012 under Bankruptcy Law, New York
Answers:
Richard Southard / Law Office of Richard Southard
Answered 12 years ago | Contributor
A notary essentially authenticates the signature of one or more of the parties. Whether the document is legal (enforceable) depends on the facts and circumstances surrounding the creation of the document.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
While there are certain documents (e.g. wills) that might have to be witnessed and signed by a notary, as a general matter, notarization does not, by itself, add anything to the enforceability of an agreement.
The issue here whether the party which allegedly owes the money (e.g. borrowed it) signed the document. If it did sign that document, then if the other requirements to form a contract were met--particularly, if there was "consideration," or an exchange of something of value; for example, the party which signed the document borrowed the money, or bought something in exchange for a promissory note, or settled some prior debt by agreeing to pay $5,800--then there would seem to be an enforceable agreement to pay $5,800.
So the issue is not wheter it was notarized or not--it's whether the agreement is a valid contract. As discussed above, if there was consideration for the debt and the party owing the debt signed it, it most likely is enforceable.
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