Does Your Affidavit Actually Hold Up in a California Court?
An affidavit looks simple enough, doesn't it? Just a page of type, a signature, and a notary stamp in the corner. What people do not realize is how much work that stamp is actually doing and if it's the right kind, it can make the entire document invalid at any time that it is questioned.
This is happening all too frequently. An individual prepares a sworn statement (an affidavit) in support of small claims filings, divorce filings, lost title replacements or reports of identity theft and has it signed and witnessed by a notary or so they believe, at least. Then months down the line the opposition may object, or the court clerk will reject the affidavit altogether due to the incorrect type of notarization for a sworn statement in the eyes of California law.
In this article you will learn the truth of what a California affidavit needs to be legally valid, the one most frequent error in affidavits resulting in rejection, and the role a mobile notary plays in the successful enforceability of your affidavit documents.
What Makes an Affidavit Legally Valid in California?
An affidavit is a written declaration of fact to which the signer swears or affirms that it is true before a notary public or other officer qualified to administer oaths. The magic word here is "sworn." It's not just any signature, but a sworn one, and it's at that point where much goes wrong.
A notary act in California is used to give it the required legitimacy and it's called a jurat. A jurat under California Government Codes 8202 and 8205 requires the notary public to perform three separate and specific acts:
Identify the signer by competent evidence. Usually this is a currently valid, unexpired government photo ID.
Administer the oath or affirmation. This means the notary will say to the signer something like, "Do you swear (or affirm) that the statements contained in this document are true and correct?"
Observe the signer sign the document in the physical presence of the notary after the oath or affirmation has been taken. The notary then completes the jurat certificate, providing information about where and when this occurred.
This is what confuses people: a jurat is not the same thing as an acknowledgment. An acknowledgment is the more typical notarial certificate you'll see on a deed, power of attorney, or contract, and it just certifies that the person appeared before you and swore or affirmed that they signed the document willingly. No oath is made and there is no requirement that the person actually sign the document in front of you; the signer could simply come before you and acknowledge a signature they'd made earlier.
When a notary places an acknowledgment certificate on what should be an affidavit, the document was never actually sworn to. It may look notarized. It may appear to have a legitimate stamp and signature. Legally, however, it's not an affidavit; it's an acknowledged statement, and a court or opposing side can take it to task on that very point.
The Most Common Reason Affidavits Get Rejected
In actual practice, this is the number one problem we see when documents come to us for review or re-notarization: the wrong certificate was used the first time around.
It happens for good reasons, though. Loads of affidavit templates downloaded online just have a generic notary acknowledgment block without the jurat certificate or no certificate at all, trusting that the notary is just going to attach the proper one to them.
The notary doesn't know the difference or he's in a hurry doing a lot of documents, so he puts on the acknowledgment form that his stamp kit just happened to have loaded on it, the person signs it before their appointment time because that's what he always does with all his other paperwork and it isn't discovered until the form is submitted somewhere to someone who's looking closely enough to notice.
Other common issues that can undermine an affidavit:
The document was signed before the notary arrived. In the case of a jurat, the oath must precede the signature, and the signature must be in the presence of the notary. An affidavit pre-signed and then presented to the notary for a seal eliminates the taking of an oath. There is nothing for the notary to witness.
The signer's ID didn't meet California's standard. In the case where the ID was expired or lacked a needed characteristic, or if the party had no ID (and the credible witness alternative wasn't allowed, which the above example indicated was permissible), it signifies that the notary could not adequately attest to the identification, a required part of the jurat.
The venue and date information is missing or wrong. The jurat certificate is required to identify the county in which the notarization takes place and the date. A defect in either (especially the county) can be raised during litigation by opposing counsel arguing the notarization is void on its face.
The affidavit wasn't notarized at all; it was just signed "under penalty of perjury." A bit more detailed: A 2015.5 California Code of Civil Procedure document, or its federal counterpart, 28 U.S.C. 1746, permits an unsworn declaration that is signed "under penalty of perjury" to replace the notarized affidavit in many types of federal and state actions.
Common Affidavits and Legal Documents 24HourNotaryLA Notarizes in Los Angeles
Here is what Matthew typically notarizes as part of our affidavit and legal document notary services:
Affidavits of identity theft: These are generally necessary when disputing bank accounts or credit card charges with a bank or with credit bureaus and with the FTC. They will generally require an attested document and government-issued identification to prove you are who you say you are.
Affidavits of heirship: When the value of an estate is small enough that the probate process can be bypassed and it is needed to identify legal heirs who can claim a bank account, vehicle, or a small property item.
Affidavits of support and parental consent for travel: Frequent with single-parent international travel involving a child or during immigration proceedings. Frequently notarized because they will be examined by an office not within the original jurisdiction.
Lost document affidavits: To substitute for a lost automobile title, lost stock certificate or a lost promissory note where the holder must confirm the loss on an affidavit.
Small claims and family law declarations: Any exhibit attached to a pleading that contains sworn statements of facts. Occasionally there will be an accompanying notarized affidavit (if any part of the matter concerns out-of-state or international enforcement).
Court filing documents requiring a sworn statement of facts, which may be accompanied by a separate, notarized affidavit for matters with out-of-state participants or foreign enforcement.
Part of the reason that Los Angeles legal document services offering mobile notaries are important is because many legal documents are time-sensitive. The documents can be on a court deadline or due by an agency filing period and the document owner could be in an attorney's office, trying to get to a court filing deadline, or handling a time-sensitive personal matter in which visiting a notary office would not be feasible.
How a Mobile Notary Handles an Affidavit Appointment
The process for executing an affidavit is somewhat more complicated than that for an acknowledgment since the affidavit includes the swearing of an oath. What happens when you have 24HourNotaryLA notarize your affidavit is
Step 1: Call (310) 975-4869.
Step 2: Do not sign the document beforehand.
Step 3: Have valid, unexpired government ID ready.
Step 4: Matthew arrives, reviews the document with you, and confirms it includes (or attaches) a proper jurat certificate.
Step 5: The oath is administered.
Most affidavit appointments take 15 to 30 minutes.
Get Your Affidavit Right the First Time
A disallowed affidavit wastes more than time. It may be an expired filing date, a delayed fraud dispute, or a paper that must be entirely reprepared, at which point the affiant may no longer be present or available to sign.
Matthew Shamooli is NNA Certified, licensed, bonded and has $1,000,000 in E&O insurance with nine years of experience in affidavits, declarations and other affidavit legal documents throughout the county of Los Angeles. He knows a jurat from an acknowledgment, and he'll spot it before you sign it, not after.
For call or text at (310) 975-4869 - available 24/7 all over LA County.
Please visit our affidavit and legal document notary services page for the complete list of documents we provide notarization for.
For more of an overview of how 24HourNotaryLA helps out Beverly Hills and the whole of Los Angeles, look at this guide first: How Beverly Hills Mobile Notaries Bring Reliable Help Anywhere.
Frequently Asked Questions
What's the difference between an affidavit and a declaration in California?
An affidavit is a sworn statement that the notary witnesses the signing of while the individual takes an oath on it. A declaration signed "under penalty of perjury" pursuant to California Code of Civil Procedure 2015. 5 is similar in function and does not need to be notarized for virtually any court proceeding in the State of California or the Federal system.
Can a notary refuse to notarize my affidavit?
Yes, sometimes. The notary should refuse if the signature lacks proper identification, it's apparent the signer is not doing it willingly, there is a chance the signer is being coerced, the document doesn't make sense to the signer, or if the jurat language is missing from the document and there is no chance to correct it on the spot. This safeguards the integrity of the affidavit as well as the notary.
Is "mobile notary Los Angeles" the same as a notary near me for legal documents?
Mostly, yes. 24HourNotaryLA is a mobile notary Los Angeles service meaning that we travel to your location anywhere within Los Angeles County; therefore, we are essentially your notary near me for all searches from Downtown L.A. to the Westside and anywhere we may be providing service. That's essentially all there is differentiating us from a stationary notary office.
How much does it cost to notarize an affidavit in Los Angeles?
California limits the notary fee for a jurat to $15 per signature like all other notarial acts. 24HourNotaryLA charges you an additional travel fee determined by your proximity to us. Phone us at (310) 975-4869 for a quote; no hidden fees after we've arrived.
Can I get legal documents notarized in Beverly Hills the same day?
Yes. Any legal documents that are notarized by Beverly Hills clients, such as affidavits, declarations, business forms, or court documents, and that need 24HourNotaryLA services, same day appointments, or emergency appointments in any part of the city of Beverly Hills or throughout West LA, is available 24 hours a day, 7 days a week.