ParcelPedia Podcast

From Signatures to Stamps: The Notary Know-How

• James Banks • Episode 34

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Difference Between Standard Notary and a Witness, and Notary Document?

Ever stared at a document wondering why it needs both a witness AND a notary? You're not alone. The confusion around proper document notarization affects everyone from first-time homebuyers to seasoned business professionals.

We pull back the curtain on the often misunderstood world of notary services in this illuminating episode. James Banks, owner of ParcelPedia, breaks down exactly when you need a standard notary versus when you need witnesses present, helping you avoid common mistakes that could invalidate your important documents. You'll discover the surprising requirements for witnesses in Texas (spoiler: your teenager might qualify!), why family members sometimes can't serve as witnesses, and the special considerations for international and out-of-state documents.

The conversation tackles real-world scenarios that commonly cause confusion, including last wills and testaments, medical directives, and power of attorney documents. James shares insider tips on how to interpret the notary acknowledgement section of your documents and explains why leaving signature sections blank until you're with the notary can save you significant headaches. For those preparing documents for international use, the discussion on apostilles and country-specific requirements is particularly valuable.

Whether you're finalizing important legal papers or simply want to understand the process better, this episode delivers practical knowledge in a conversational, easy-to-understand format. Stop by ParcelPedia in Frisco, Texas for all your notary needs—no appointment necessary—and mention the podcast to receive 10% off select shipping services!

To learn more about ParcelPedia visit:
https://www.ParcelPedia.com
ParcelPedia
8992 Preston Road, Suite 110
Frisco, Texas
972- 335-1450

Speaker 1:

Welcome to the Parcelpedia Podcast, the ultimate guide to all things shipping and business services in Frisco, texas, from US mail and FedEx to private mailboxes and packing supplies. We've got you covered. Stay tuned for a special discount code to save on your next order. And now delivering expert tips and insider insights with a smile, here's your host, james Banks. Owner of Parcelpedia.

Speaker 2:

Ever wondered why some documents need a witness and a notary while others just need a stamp? Well, in this episode we will dive into the essential differences that could affect your paperwork that holds up in legal situations. Welcome back everyone. I'm Sophia Yvette, co-host and producer, back in the studio today with owner of Parcelpedia, james Banks. James, how have you been?

Speaker 3:

Hey Sophia, I'm doing well. How are you?

Speaker 2:

I'm also doing well, and it's great to have you back Now. I'm excited to explore this one. So, James, notary services are often misunderstood, as you well know, and this clears up a lot of confusion for our listeners. So let's get into it All right. What is the difference between standard notary and a witness and notary document?

Speaker 3:

That's a great question, sophia, and I'm happy to help clear anything up for our viewers, for our listeners and for our customers. As far as the main difference between a notary stamp or just a standard notary and a witness plus notary is that, just like it sounds, the witness plus notary would need an additional person or persons in the case that they ask for two witnesses. So if it's typical standard notary, the person with the document would come before the notary with the document blank, they present an ID to the notary, the notary records it, they sign the logbook, then they sign the document in presence of the notary and the document is notarized, stamped and ready to go With the witness you would need typically it's two, but in this case I'll skip one you need a third party. So you have the individual getting the document notarized, you have the notary and then you have a third party witness, and so what happens is the notary needs to witness the witness, witness the signature, so the person that's getting the document notarized, they have to sign in front of their witness. Their witness then signs and then the notary then declares that he saw the individual sign as well as the witness sign. So where that can breed some confusion or can cause some incidents is where people will come to the notary with that and their witness portion is already filled out. You know they'll do it at home with a relative or neighbors hey, I need your witness signature on this real quick and then they'll bring it to the notary.

Speaker 3:

But at that point the notary cannot do anything with it because the witnesses are not present. So we always advise that people call ahead if they have any questions and we can help with that. We do offer a witness, one witness, outside of the notary, between the hours of 12 and four, monday through Friday. That way, if you have two witnesses but you can only find one, we can supplement for you. Or if you just need the one, you can just come on your own and we can help you with that witness as well. But yeah, we can always let you know what it is that's needed.

Speaker 3:

Typically with the ones that need a witness, including the notary, they're more I guess you could say more important documents or more binding documents, such as last will and testaments, medical directives general or medical power of attorney, things of that nature medical directives general or medical power of attorney, things of that nature. But you also have certain documents that actually have what's considered a witness or a notary acknowledgement. So towards the end of the document there'll be a signature and it will say sign this in the presence of two witnesses or a notary public. Those are great because you can do them at home if you have two people that are free. But if not, if you need to come notary, then you don't have to worry about you know, rounding up people or finding available uh bodies. We can just notarize that for you like a standard notary.

Speaker 3:

So it's very important to look at the verbiage in your document. Sometimes you may think like, oh, I gotta find three people. But you read it and says, or and you're like, oh, I don't, actually, I just need one notary, and here parts of it is always a notary on staff so you can come anytime, just walk in and you can get something notarized. So it's important to read it, see what you have. But if you have any questions, feel free to call us. A notary is not a legal, you know position where we can give advice like legal advice. But we can definitely help you understand the document, definitely make sure that we notarize it correctly for you.

Speaker 2:

So, james, do you keep your notary witnesses on call?

Speaker 3:

You know, I try to have at least one with me at all times here at the store, typically almost all hours, so there's like an hour and a half window where we don't have another available body. But I have neighbors here, we have neighbors at the plaza. Really, in the state of Texas, what qualifies for a witness is an individual of the age of 14 and above. So a lot of people think of a witness they're signing something that's important with money or property to think, oh, I need another adult, but you can get a teenager, as long as they're able to sign their name, it counts in the state of Texas. So that's pretty cool too.

Speaker 3:

And another thing that comes up with the witnesses a lot of times you think of family members, whether that be a spouse, sibling, child. You got to be careful with that too. Certain documents do not allow the witness to be like a conflict of interest basically. So if you're doing something like a will and your spouse is named in the will as a beneficiary, they cannot sign as a witness. It's a conflict of interest and it just will not. It will negate the will itself. So it's better to be, you know, maybe a neighbor or a stranger. That typically is better. Or just use our witness. You know that we provide. That always helps. But just call. I always advise just to call ahead of time. We can help you. That way you can get things scheduled and if you may think you need scheduling, we realize, oh, you can just come right now, we'll do it for you. So it's always good to call ahead. You can shoot an email if you don't have the time to call and we'll be happy to answer any of those questions.

Speaker 2:

Are notary services pretty popular at Parcelpedia.

Speaker 3:

Oh yes, oh yes. Again, part of the process is recording the applicant or the person getting the notary and the notary log In the notary log books. We have a 576-slot book. We go through those books so fast, oh my goodness. So typically, anytime you get a notary for your first time or you renew your commission, you get a book with the order. Yeah, I would say the commission is four years long and before I can renew my commission I'm probably repurchasing four to five books before that time even comes up. So we got notary. That's an understatement. It's very popular.

Speaker 3:

I think people have come to realize how effective and efficient it is. Here you just walk in, say, hey, I need to get some notarized. Come right up to the counter, get you recorded, get you done, you know, stamped, and you're on your way. It's not oh, you got to come in this window, or oh, schedule appointment, or oh, our notary's out on lunch, or oh, our notary has the cold. We always have someone here that's a notary, so you don't have to worry about the scheduling. You can just get it done, right away Now, james?

Speaker 2:

are there certain types of documents that require both a witness and a notary?

Speaker 3:

Yes, the ones that I know for a fact are the last will and testament those and I believe that does differ state by state, but I know everyone I've ever done has the witnesses as well as the notary. And one way if you're looking at your own documents and you're trying to figure out, does this one require witnesses and a notary, or witnesses or a notary? Look at what's called the notary acknowledgement. It's going to be the last portion that says you know, state of Texas, county of whatever blank, typically before me the other side, notary, blah, blah, blah, blah. Look through that. If you see before me the notary appeared and it's your blank as well as witness blank and witness blank appeared and it's your blank as well as witness blank and witness blank, then 100% you need to have witnesses and the notary because the notary needs to write down the names of the person they saw. If it's just acknowledging you as a signer, then more than likely it only needs a notary and the witnesses can be bypassed.

Speaker 2:

Wow. Now, James, one final question for you today. What advice do you give to customers preparing documents for out of state or international use?

Speaker 3:

That's a very good question. International use typically works almost just like a domestic. It nine times out of 10 is dependent on the recipient country. 10 is dependent on the recipient country. So whoever is asking for the documents, it's always good to check with them and say, hey, it's just a notary, good. Because a lot of times they may say that in their verbiage, oh, we need something notarized. What they mean is notarized and then subsequently apostilled, which is something you have to do at the state down in Austin. So if you don't have that clear, you may think you're good, send your papers overseas and they're like reject it, like no, what happened? So it's always good to ask, you know, when you're sending to a different country, because it's more for what they require, not what we require. But as far as preparation, anything that you have that needs a notary, it's just good to leave it blank. Leave it blank. All the notary needs to see is you sign the document. So then that way you can take your time to fill out any other blanks that may be there. Don't try to fill it in again because you may realize, oh, that's incorrect, and now the document may be negated For out of state.

Speaker 3:

You see a lot of times that notary, acknowledgement, state of blank, county of blank, even if you're buying a home in, say, california, new York, the place of the notary needs to go in that section. So it may feel weird Like, hey, the address is a, you know, it's a Los Angeles address. I'm doing closing documents. Why are you putting state of Texas, county of Colin? It's like, well, as the notary for the state of Texas, I cannot notarize anything in the state of California. I don't have jurisdiction there. So that does have to say Texas and Colin, because that's where you are currently, you know, physically here getting the notarized. So that can be a little confusing. But that's why it's blank.

Speaker 3:

Leave a blank, leave the blank for the notary and let us fill it out. That way you don't have to worry about it. But again, biggest piece of advice, any questions, any, you know anything that makes you stop and think about it, just call us. Or, you know, call the people that are asking for the documents may be the realtor. Typically they know. I mean they're all. They want you to fill it out so they'll help you fill it out right, so just call and ask right, we're here to help too amazing.

Speaker 2:

Now, james, yes, do you have any final words of wisdom for us today on witnesses and notaries, or would you rather forever hold your peace?

Speaker 3:

um, no, I'll give a final piece of advice. Final piece of advice, for sure, with the notary. Remember us as an all-time notary, like, if you just need to get it done, just show up and we'll help you because we'll have a notary here. So just keep that in mind. Don't worry about scheduling, don't worry about calling around to see if there's available. No, parcelpedia and notary should be synonymous.

Speaker 2:

Just walk in. Well, James, those were some fantastic words of wisdom today for our listeners. We'll catch you next time. Have a great rest of your day.

Speaker 3:

All right, thank you, take care.

Speaker 1:

Thanks for joining us on the Parcelpedia podcast. Don't forget mention podcast at our store. To snag 10% off select shipping services, Stop by at 8992 Preston Road, Suite 110, Frisco, Texas, or give us a ring at 972-335-1450. We're here to make your shipping a breeze. Until next time, keep shipping and smiling.