Top 10 Mistakes Every California Notary Should Avoid

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These 10 mistakes can get your commission suspended, land you in court, or invalidate a notarization. Here is what not to do.

1. Skipping the journal entry

Every notarization must be recorded in your journal. No exceptions. Missing journal entries are the most common reason the Secretary of State disciplines notaries. If a notarization is ever challenged in court and you cannot produce the journal entry, the notarization may be invalidated. That can unravel a real estate transaction, a power of attorney, or any other document you notarized.

California requires specific information in each entry: date, time, type of notarization, type of document, signer’s name and address, ID details, fee charged, and your signature. Leaving any of these out is treated the same as skipping the entry entirely. See journal requirements.

2. Not checking ID properly

California requires “satisfactory evidence” of identity. That means a current, government-issued photo ID with a physical description, serial number, and signature. If the ID is expired or the photo does not match, do not proceed. A driver’s license, passport, or military ID all work. A Costco card or student ID does not.

If the signer has no acceptable ID, you can use one credible witness who personally knows the signer (and the notary), or two credible witnesses who personally know the signer. Each witness must present their own acceptable ID and sign the journal. This takes more time, but it keeps you compliant.

3. Mixing up acknowledgments and jurats

An acknowledgment: the signer acknowledges they signed. They can sign before coming to you. A jurat: the signer swears under oath and signs in your presence. Using the wrong certificate or wrong wording invalidates the notarization. A deed of trust that needs an acknowledgment but gets a jurat will get rejected by the county recorder. See acknowledgment vs. jurat.

When in doubt, ask the signer or the requesting party which type they need. You can describe both options, but the signer or their representative makes the choice. You do not decide for them.

4. Forgetting the oath for jurats

A jurat requires you to administer an oath or affirmation. If the signer just signs without you asking “Do you swear or affirm the contents of this document are true?” the jurat is invalid. Say the words out loud. A silent jurat where nobody speaks the oath is a frequent finding in disciplinary cases.

Some notaries feel awkward administering oaths. Get over it. It is a legal requirement and part of the job. Practice a short version until it feels natural.

5. Overcharging

$15 per signature. Not $16, not $20. Overcharging can result in commission suspension and fines. You can charge less or nothing, but never more. The Secretary of State has suspended commissions for overcharging as little as $5 extra on a single notarization. See fee limits.

Travel fees are separate from the per-signature fee and have no statutory cap, but you must disclose the travel fee upfront and it cannot be disguised as a notary fee. If you charge $75 for a mobile visit, be clear that $15 is the notary fee and $60 is travel.

6. Sloppy certificates

Wrong name, wrong date, missing venue, illegible seal. Any of these can cause a county recorder to reject a deed. A rejected deed means a delayed closing, an angry title company, and possibly a lost client. Double-check before the signer leaves. See how to complete a notarial certificate.

Common certificate errors: forgetting to fill in the county name, using “CA” instead of spelling out “California,” mismatching the signer’s name between the document and the certificate, and leaving the date blank. All preventable with a 10-second review.

7. Notarizing incomplete documents

Blank spaces that could be filled in later are a fraud risk. Review the document for completeness before notarizing. If key sections are blank, ask the signer to fill them in first. You are not responsible for verifying the content, but you are responsible for confirming the document is complete enough to notarize.

The exception is documents with intentionally blank spaces that will be filled in by another party later (such as a form awaiting a case number from a court). Use your judgment. If it looks like something was left out by accident, ask.

8. Seal problems

Stamping every page (only stamp the certificate page), illegible impressions, or letting the seal impression cover text. If the seal is unclear, stamp again on a new certificate. Do not try to fix the old one. A faint or partial seal is one of the top reasons documents get rejected at the county recorder. See seal requirements.

Your seal must show your name exactly as it appears on your commission, the state seal, “Notary Public,” the county where your oath is filed, and your commission expiration date. If any of these are wrong on your stamp, replace it immediately. Using a seal with incorrect information is a violation.

9. Giving legal advice

You are not a lawyer (unless you actually are one). Do not tell clients what a document means, whether they should sign, or how to fill in blanks. Do not choose which type of notarization they need. They tell you, or you can describe both options and let them choose. The unauthorized practice of law is a misdemeanor in California and can result in commission revocation. See no delegation of authority.

Common trap: a signer asks “Should I use an acknowledgment or a jurat?” You can explain the difference between the two, but the signer must choose. Saying “you need a jurat” is giving legal advice. Saying “a jurat requires an oath and you sign in front of me; an acknowledgment just confirms you signed voluntarily” is fine.

10. Not keeping up with law changes

Notary law changes. Training requirements, fee limits, and journal rules have all been updated in recent years. Not knowing a new rule does not protect you from disciplinary action. Subscribe to SOS updates or join a notary association that tracks changes.

For example, California added a requirement that notaries must obtain a thumbprint in the journal for certain document types (deeds, powers of attorney affecting real property, and others). If you missed that change, you have been doing it wrong. Law updates affect your daily practice, not just your renewal exam.

Frequently Asked Questions

What happens if I make a mistake?

It depends on the severity. A typo can be corrected with a new certificate. Failing to keep a journal or overcharging can result in commission suspension or fines up to $1,500 per violation.

Can I fix a mistake on a notarial certificate?

Cross out the error with a single line, write the correction, and initial it. Do not use white-out. Or attach a new certificate. Never destroy or conceal an incorrect certificate.

What is the most common notary mistake?

Failing to record the notarization in the journal. It is also the easiest to avoid.

Can a notary be sued?

Yes. If your error causes financial harm, you can be held liable. This is why E&O insurance exists. A $15,000 bond protects the public, not you. Without E&O coverage, you pay out of pocket.

How do I avoid these mistakes?

Follow a checklist for every notarization: check ID, confirm willingness, complete certificate correctly, record in journal, stamp clearly. Do this every time, even when you are in a hurry.

What should I do if I already made one of these mistakes?

Correct what you can. If a certificate has an error, attach a corrected one. If you missed a journal entry, add it now with a note explaining the delay. If the mistake is serious (notarizing without proper ID, for example), document what happened and consult an attorney if the notarization is challenged.