Notarial Certificate of Non-Performance

Within the Uniform Commercial Code (UCC) is a process called a 'notarial protest', also known as Notary Certificate of Dishonor (COD) method. Notarial protest has generally been used by banks in their commercial transactions, but more recently, the Notary COD method has been used in disputes with government agents, agencies, banks, and corporations by people who are unable to afford the services of an attorney and/or have been disappointed when seeking justice through the courts. It can be used to head off potential litigation, settling of the case prior to it's being brought into court, or sometimes, for exhausting the administrative remedies of a case that is already in the court.

The COD is a 3-step process which is performed by a notary after you have made a good faith effort to settle the matter with your opponent but they have ignored you. You then bring the matter to the notary and request s/he re-present your documents to the opposing party as a third party witness to their dishonor. The notary invites them to respond to him/her within a specific time frame, offering a follow-up Notice if there is no response. If no answer is forthcoming, then a Certificate of Dishonor is issued.

The Conditional Acceptance (CA) for Value for Proof of Claim
(click here for a do-it-yourself CA and Affidavit)

    A Conditional Acceptance is used when a demand for payment or performance (a 'presentment') is made upon you to which you do not agree. You accept the adversary's presentment and agree to perform as they demand but only upon receipt of their proof of claim that you have any liability to them, such as a lawful contract. This is a way to avoid arguing so that should there be an attempt at litigation, it can be shown that there is no controversy since you never refused to perform but merely asked for some proof of why performance on your part would be appropriate. Cases are brought to court for argument. If there is no argument, there is no case.

    A Notary COD can be used either after you have done a Conditional Acceptance (CA) and the other party has not proven his/her claim, or because an entity or person is refusing to release your property to you such as property that you lent to someone and they will not return it, or a demand to pay a sum that you do not think you owe, etc.

    If the presenter fails to reply to your CA, or replies but does not answer your questions or provide the proof you requested or, if you request performance (like returning your property) and they do not answer or refuse for no good reason (both are 'dishonors'), you can then bring the issue to a notary who is familiar with the protest or COD method. The notary will re-submit your offer and/or ask the adversary why s/he is dishonoring your offer (the CA, contract, or whatever) or request. The notary is a state official as well as an officer of the court, who serves as an impartial third party to whom an explanation, answer, can be sent. Generally, the notary will contact the adversary twice, each time giving them a specified time frame in which to answer. If no response is received, then the notary will issue a Certificate of Dishonor, the original of which is sent to you, along with copies of all of the documents in the process, and can be brought before a judge for a Declaratory Judgment.

Using the COD Service

The Penny Pincher Press has a notary on staff who can help you with your COD. The notary is commissioned in Pennsylvania and are not empowered to acknowledge signatures outside their state, but all notaries are are empowered to Protest to a foreign jurisdiction. You'll just have a hard time finding one who is familiar with it and is willing to help you in that respect. Your signature on the Affidavit below which begins the COD process, however, will be acknowledged by a notary in your own locale.

Pricing: The 3-step Certificate of Dishonor (COD) process for up to 2 recipients at the same address, includes postage, certified mail fees and up to 30 pages of copies of documents, is $250. If your process has more than 2 recipients, or has recipients at different addresses, and more than a total of 30 pages in copies of document attachments, we will need additional funds to cover extra expenses. If you aren't sure how much to send, please use the contact form below or e-mail to ask us. If you want your documents sent with a service other than First Class Certified Mail there will be an amount due for the extra postal fees.

We prefer funds in the form of a postal money order with the "Pay to" line left blank and send to:

Penny Pincher Press
1143 Northern Boulevard, #154
Clarks Summit 18411 Pennsylvania

Or, to send funds via PayPal or credit card, use the button below. If you are paying electronically, you can send your documents in an e-mail attachment to justyce4all@ymail.com.

Getting started: The following sample Affidavit will establish your request for notarial services and verifies the steps you've already taken. Please use the sample below to customize an Affidavit to fit your situation. If you are not comfortable working with the affidavit and would like us to customize it and send it to you for your signature, then just e-mail us with steps you've already taken and add an additional $25 to the above-stated fee. Have your signature on the Affidavit notarized by a local notary and send it together with your previously dishonored documents and the fee to:

The Penny Pincher Press
216 Wyoming Avenue, #283
Scranton 18503 Pennsylvania

foxyform.com

VERIFIED DECLARATION IN THE NATURE OF AN AFFIDAVIT

    I, [Your name], a living soul, over 18 years of age, being competent to testify and having first hand knowledge of the facts herein, declares under penalty of perjury of the laws of the united States of America, that:

1.    On August 23, 2010, I received a demand for payment in the amount of $___________ from [whatever company/bank] which I disputed.

2.    On August 25, 2010, I sent a Conditional Acceptance (CA) [or whatever other document] to [whatever company]

3.    [Company] did not answer within the required time frame and so on [date] I sent them a Notice of Fault with an additional 10 days to answer.
Etc., etc.

In light of the dishonors noted above, I hereby request your services as a notary public for the Commonwealth of Pennsylvania, to evidence the dishonor outlined above by re-presenting my Conditional Acceptance and Affidavit to [whatever company]. Attached herewith is a copy of my Affidavit and dishonored CA [or whatever other documents were used].

Further, Affiant sayeth naught.

Date: Name:__________________________________
[print name and address]

Notice:

Use of a Notary on this document does not constitute an adhesion, nor does it alter my status in any manner. The purpose of the notary is verification and identification only and not for entrance into any foreign jurisdiction.

State of    )
                  ) ss:
County of           )

On this, the _____ day of _________________, 2011, before me, a notary public, the undersigned officer, personally appeared_______________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that s/he executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.
Notary:

We prefer you to e-mail your questions, but if you need to call:
570/647-4400