Within the Uniform Commercial Code (UCC) is a process called a ‘notarial protest’, also known as Notary Certificate of Dishonor/Default (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 a case that is already in the court. It is a process of re-presentation of commercial documents that were previously presented and ignored, in order to gain response and satisfaction of your claim/inquiry.
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. You then bring the matter to the notary and request s/he re-present your documents to your opponent 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 / Non-Performance is issued.
If you have not yet begun an administrative process, you may want to review the Conditional Acceptance for Proof of Claim, the Commercial Affidavit, or the International Commercial Claim Administrative Remedy.
If the Respondent 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 affidavit, contract, or whatever). Generally, the notary will contact the Respondent 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 or used as the basis for a lien.
Using the COD Service
We contract with a notary who can help you with your COD. Our notary is commissioned in Pennsylvania and is not empowered to acknowledge signatures outside the state, but all notaries are empowered to Protest to a foreign jurisdiction. You’ll just have a hard time finding one who is familiar with it or is willing to learn. Your signature on the Affidavit below which begins the COD process, however, will be acknowledged by a notary in your own locale.
If you are sending us documents to serve, please complete the Instruction Form and send with your paperwork which needs to be organized for presentation. Be aware that we no longer accept documents for re-presentation by e-mail or fax.
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 $200. 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, so please e-mail us with details. 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. To send funds via PayPal or credit card, click here. If you are paying electronically, you can send your documents in an e-mail attachment.
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:
1143 Northern Boulevard, #154
Clarks Summit 18411 Pennsylvania
In the template below, anything in square brackets ( [words] ) is instructions and needs to be removed. The “Etc., etc.” under #3 indicates that you continue on listing whatever documents you used. It should also be removed.
VERIFIED DECLARATION IN THE NATURE OF AN AFFIDAVIT
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.
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 the process already completed to [whatever company]. Attached herewith is a copy of my dishonored CA and Affidavit [or whatever other documents were used].
Further, Affiant sayeth naught.
[print name and address]
State of )
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.