What is a Notary?
In Pennsylvania, a notary, sometimes called a “notary public” in English, helps with important tasks such as witnessing signatures, taking acknowledgments, giving oaths, and certifying copies of documents. Sometimes documents must be signed in the presence of a notary public. Notaries are commissioned by the Pennsylvania Department of State and must act with honesty, integrity, and reliability.
What is a notary NOT allowed to do?
Pennsylvania law clearly states that a notary is not allowed to:
- Help people write legal documents or give legal advice;
- Act as an immigration expert or consultant;
- Represent someone in court or legal matters about immigration or citizenship; or
- Charge money for any of these activities
A notary cannot practice law unless they are also a licensed attorney.
Why is the term “Notario Público” misleading?
The term “notary public” is often translated into Spanish as “notario público.” However, a notary public in the United States is not the same thing as a “notario público” found in other countries.
For example, in many Latin American and Spanish-speaking countries, a “notario público” is a lawyer who can give legal advice. In the United States, a notary is not a lawyer and cannot give legal advice (unless they are also a licensed attorney).
How can I protect myself from fraud?
Be cautious if a Pennsylvania notary is offering to do anything beyond witnessing signatures, taking acknowledgments, giving oaths, or certifying copies of documents. Follow these tips to avoid being defrauded when seeking assistance with immigration or citizenship paperwork:
- Do not pay for referrals. Never pay someone just to refer you to a lawyer.
- Check for a license. Do not work with a lawyer who is not currently licensed. Walk away if they cannot prove it.
- Understand before you sign. Never sign any documents, paperwork or legal papers you do not understand. If needed, bring a trusted person to translate.
- Do not sign blank or false forms. Never sign an empty application or one with incorrect information.
- Keep copies of your documents. Always ask for copies of anything filed for you.
- Request proof. Always ask for proof of any actions or submissions completed on your behalf.
- Get everything in writing. Make sure you have a written contract that clearly lists all fees and costs for the services you are seeking.
- Ask for receipts. Always get a receipt for every payment you make. Notaries who charge fees are required to give the customer an itemized receipt.
- Document any changes. If the contract changes, make sure the new terms are put in writing.
- Avoid illegal offers. Do not let anyone “find” you a sponsor or spouse for a green card—this is illegal.
What else should I look for?
Pennsylvania notaries are not allowed to use false or misleading advertising. They also cannot say they can help with legal documents or give legal advice.
If a notary advertises their services (spoken, printed, online, etc.), they must include this statement in every language used:
“I am not an attorney licensed to practice law in this Commonwealth. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”
If the advertisement is too small to include this statement, it must be clearly posted where the notary works before they perform any notary service. The statement must be easy to see and read by the public.
How do I report a PA notary?
If you believe a Pennsylvania notary public is acting illegally or unethically, you can file a complaint online.