Utilizing a Notary for Sending and Receiving provides a Witness to One's Process
Truth is defined in commerce as an unrebutted affidavit, but a court can deny one's affidavit as evidence as mere hearsay if there is not a 3rd party neutral witness to the process.
It doesn't take a special notary license in order for a notary to perform notary presentment services, but many notaries don't know a thing about it, as being a notary is 1/50th of their weekly duties and all they may do as a notary is jurat signatures. Sometimes it can be a challenge to find an experienced notary presenter. Certainly, an inexperienced notary can always be educated.
In any case, it is important for the notary to understand that they will be functioning as a neutral witness. They are not condoning, supporting or agreeing with one's process - they are just witnessing the mailing and receiving of correspondence. In fact, they mail whatever it is and sign a Certificate of Mailing asserting so.
When the return address of one's correspondence
is c/o the notary - if the party who is to respond does not timely respond, the notary witness can then sign a Certificate of Non-Response asserting that and the one who is utilizing the notary for presentment of their process is on the way to documenting and perfecting their claim.
Perfecting a Claim
To handle any matter, it is wise to get groundwork laid, get and stay educated and handle whatever is in front of you deliberately, calmly, one step at a time:
1. Your intial response will certainly include questions, negative averments and questions; it can be in the form of a Notice and Demand. When no response is forthcoming, which is likely to be the case, it can be followed up with a
2. Notice of Fault/ Opportunity to Cure; followed up with a
3. Notice of Default.
At this point you have a perfected private claim. You can then:
4. Put it on a UCC-1 and bring public Notice to it. [Never file or register your private documents into the public; only Notices of them.]
At this stage, if anyone then has the gall to take you to court over that matter, you can go in in private, in Special Visitation, hold up your claim and simply say:
"Here's my claim. Does anyone here have a superior claim?"
How could they? They agreed with you.
Enlisting the PO Clerk as a Witness to Registered Mailing
Certified Mail is public; part of the U.S. Postal Service. A notary presenter can use Certified Mail and not compromise your private, administrative process, however, because a notary has one foot on both of the public and private sides. Also, other than with notary presentment, generally, Certified Mail only guarantees the envelope, not its contents (as Reg. Mail does). Of course, it is quicker and less expensive than Registered Mail.
Without a notary, Registered mail should be used in a private process as Registered Mail is private; part of the U.S. Post Office.
Upon entering the Post Office, have in your hand your already addressed envelope, your stack of stapled together original document(s) and another stapled stack that is a copy of the whole thing.
Once you get to the counter, show the postal clerk both the original and the copy of the mailing. Ask them to review that the RA number you have placed on your cover sheet is the same as appears on the sticker that will be affixed to the outside of the envelope. Once they review and verify that the number is correct, have them use their round-stamp close to the RA number on both the original and the copy of the cover letter. This is the disinterested 3rd party witness! It verifies that the contents went in the Registered Mailing as stated on your cover letter.
Next, ask the postal clerk for 2 (two) certificates of mailing (PS Form 3817, the current cost is $1.15 each). Also tell the clerk that you will need a green return receipt requested card to go along with the registered mailing.
Fill out both certificates of mailing and the green return receipt card. The certificates of mailing will be affixed in a permanent way to both the original and the copy of the cover letter. The bottom right hand corner is a good spot. Before you affix these to the cover letters, put $1.15 in stamps (not metered stickers) on each certificate of mailing (total cost $2.30). You will affix these to both cover letters (the original and your copy) with two strips of clear packaging tape. BEFORE the clerk affixes the certificate of mailing to the cover letter, have him round-stamp the certificate of mailing on at least two edges (half-on, half-off) of the certificate, with the cover letter in place beneath it. After they are round-stamped (half-on, half-off), they can be affixed permanently with the packaging tape, and hope that the clerk does a fairly decent job taping it so the round-stamps line up pretty well. Do this on both the original and your copy as well.
This process makes it virtually impossible for any Presenter to remove the certificate of mailing, which is irrefutable proof of when you mailed it. Having the round-date stamp on both the certificate of mailing and the cover letter that it is attached to (one-half of the stamp on the cover letter, the other half of the stamp on the certificate of mailing) makes it virtually impossible to remove without glaring evidence that it has been tampered with.
Additionally, your copy, with the clerk’s original round-date stamp verifying the RA number, and with the permanently affixed certificate of mailing, will be absolute proof-positive in any court of law.