Page 1 of 1

Rebuttal should be sent to notary?

PostPosted: Thu Jan 21, 2010 5:08 pm
by daz101
Hi all,
I've been given to understand that once the first affidavit has been sent, the non rebuttal must be recorded by the notary. Doesnt this then mean that the the Gordon Brown should be responding to you thru the notary, therefore any rebuttal or otherwise is noted and stare decisis can be granted? I havent many more wrinkles to iron out before I jump so any opinions out there would be helpful
Ta
Daz

Re: Rebuttal should be sent to notary?

PostPosted: Thu Jan 21, 2010 10:38 pm
by huntingross
I don't know rebuttal has to follow that route if the response has proof of delivery.

So far I haven't found a notary to act as acceptor anyway.

Re: Rebuttal should be sent to notary?

PostPosted: Tue Mar 16, 2010 11:33 am
by strawmansarah
daz101 wrote:Hi all,
I've been given to understand that once the first affidavit has been sent, the non rebuttal must be recorded by the notary. Doesnt this then mean that the the Gordon Brown should be responding to you thru the notary, therefore any rebuttal or otherwise is noted and stare decisis can be granted? I havent many more wrinkles to iron out before I jump so any opinions out there would be helpful
Ta
Daz
I have wondered about this too. On my notarised affidavit, I have seen the notary didnt date it (although there is a printed date above his signature) and he gave me black ink for my thumbprint (despite me asking for red - he said it ddnt matter and wasnt necessary anyway).

I am due back on Friday with him to swear my Notice of Failure & Opportunity to Cure affidavid. I am going to mention that he disempowered my original affidavit by the two means above, therefore may I put HIM as recipient for the rebuttal/cure? (i've printed out two dfferent 'reply to' versions of it, just in case, and bought my own red inkpad) :8-):

If may/may not work, but either way, G Brown needs to prove he served a rebuttal - and that needs to be notarised. And let's face it - if we're doing our job right, he CANT rebut anyway, so he is NEVER going to say he rebutted, now is he...? :grin:

Re: Rebuttal should be sent to notary?

PostPosted: Tue Mar 16, 2010 7:10 pm
by huntingross
Hi sarah

Sounds like the Notary was offering advice, which presumably wasn't requested.....all they need to do is witness you verify your document in any way you see fit, be that thumb print and/or autograph.

The affidavit will be dated by them "on this day" as part of the process.....this is/should be part of the text at the base of your document.

I agree with your thoughts on replies.....if it comes to the crunch in court, it is for them to prove delivery if that is what they claim......not for us.