What Happens When a Complaint is Filed Against a Notary? | Protect Your Commission

B. Elise
06.05.25 05:20 PM - Comment(s)

Outline: What Happens When a Complaint is Filed Against a Notary

person sitting a table with a laptop with "notary complaint" on the screen and a manilla envelope in their hands with a document sticking out that says "notary complaint"

1. Complaint is Received by the State Agency

  • Typically submitted to the Secretary of State, Department of State, or designated Notary Enforcement Division.

  • Complaints can come from:

    • The signer/client

    • Financial institutions

    • Attorneys

    • Courts

    • Other public agencies

  • The complaint must usually include:

    • A detailed description of the alleged misconduct.

    • Copies of the notarized document(s) involved.

    • Witness statements or other evidence.


2. Acknowledgment of Complaint (Within 2–4 Weeks)

  • You (the notary) will usually receive a formal letter or email from the state acknowledging that a complaint has been filed.

  • The letter may outline:

    • The general nature of the complaint.

    • A request for your written response.

    • A deadline (often 20 to 30 days) to submit your side of the story.

  • Some states allow the notary to request a copy of the full complaint.


3. Investigation Phase (1–6 Months Typically)

  • The state agency conducts an investigation, which can include:

    • Reviewing your response.

    • Examining your notary journal, if applicable.

    • Interviewing witnesses or complainants.

    • Reviewing the notarized documents for compliance (e.g., missing verbiage, improper notarization, forged signatures).

  • You might be asked for additional documentation, especially proof that you performed your duties properly (journal entries, training certificates, etc.).


4. Possible Interim Actions

  • In serious cases (fraud, forgery, patterns of misconduct), a temporary suspension of your commission can be issued while the investigation is pending.

  • For minor issues (clerical errors), you may still work while under investigation.


5. Final Decision (Typically 4–12 Months After Complaint Filed)

  • Possible Outcomes:

    • No Violation Found: Complaint dismissed. You are notified in writing.

    • Warning Letter Issued: Non-disciplinary but placed in your file for future reference.

    • Administrative Penalty: Fine imposed (common fines are $100–$5,000 depending on severity).

    • Suspension or Revocation: Your commission is temporarily or permanently removed.

    • Mandatory Education: Some states require completion of a notary training course at your own expense.

  • You will receive a formal written notification of the outcome.


6. Appeal Process (Optional)

  • If disciplinary action is taken, you often have 30 days (varies by state) to file an appeal.

  • This may involve:

    • A formal administrative hearing.

    • Presentation of additional evidence or witnesses.

Typical Timeline from Start to Finish:

StepEstimated Timeframe
Complaint filedDay 0
Acknowledgment letter sent2–4 weeks
Notary response deadline20–30 days after acknowledgment
Investigation phase1–6 months
Final decision issued4–12 months total

📢 Important Things to Remember as a Notary Public:

  • Respond promptly and professionally if you receive a complaint notice.

  • Do NOT ignore letters or deadlines. Silence is seen as guilt.

  • Keep copies of all your notarizations and any journal entries organized.

  • Stay calm: Not every complaint leads to suspension or revocation — especially if you have a clean record and strong documentation

B. Elise