If a notary did something wrong, the office that investigates notary public misconduct is the same office that gave that notary their commission. In most states that’s the Secretary of State. The agency reviews the complaint, can discipline the notary, and can pull the commission. When the conduct crosses into fraud, forgery, or identity theft, local police and prosecutors handle it, and in some cases federal prosecutors do.1Office of the Law Revision Counsel. 18 U.S. Code 1028 – Fraud and Related Activity in Connection With Identification Documents
What Actually Counts as Misconduct
Disagreeing with a notarization isn’t the same as misconduct. The agency can only act when a notary violated a legal duty tied to the commission. The violations that most often lead to real discipline:
- Notarizing a document when the signer wasn’t physically present (or wasn’t on the video call, for remote notarizations).
- Skipping identity verification, or accepting ID the notary knew or should have known was fake.
- Notarizing a document the notary had a personal or financial stake in.
- Leaving out the oath or affirmation on a jurat or other sworn statement.
- Failing to keep the required journal of notarizations, or keeping it so poorly that the act can’t be reconstructed.
- Charging more than the state’s maximum fee for the act.
- Giving legal advice without a law license — picking the form, explaining what a document means, telling the signer what to do.
Dishonesty on the commission application, a felony conviction, a conviction for anything involving fraud, misleading advertising about what a notary can do, and refusing to cooperate with an investigation are also independent grounds for discipline under the model notary statute many states follow.
What the Commissioning Agency Does With Your Complaint
The Secretary of State’s office (or whatever the equivalent agency is called in your state) controls the full lifecycle of a notary commission: approval, renewal, suspension, revocation. That same authority runs the complaint process.
Once a complaint arrives, the agency decides whether the alleged conduct is within its jurisdiction and whether the facts, if proven, would amount to a violation. If so, it notifies the notary, requests a response, and starts gathering evidence. Investigators typically review the notary’s journal, examine the notarized document, and interview you, the notary, and any witnesses. A notary who refuses to cooperate faces discipline for the refusal itself, separate from the underlying complaint.
Outcomes range widely. Minor or first-time problems may draw a warning, mandatory additional education, or a civil fine. More serious or repeated misconduct can lead to suspension or outright revocation of the commission. Before any penalty takes effect, the notary is entitled to notice and a hearing. A revocation in one state can also block the notary from getting commissioned in another, because agencies treat out-of-state discipline as its own ground for action.
One thing the agency can’t do: get your money back. Administrative discipline punishes the notary and protects the public going forward. For financial recovery, you need the bond or a lawsuit.
When to Call the Police Instead
Administrative investigators handle rule violations. Criminal conduct is a separate track. If the notary forged a signature, faked a notarization, helped someone steal an identity, or lied under oath, that’s a matter for local law enforcement and the district attorney.
You don’t have to wait for the commissioning agency to refer the case. You can walk into a police station and file a report directly. Most prosecutions of notaries happen in state court under fraud, forgery, perjury, or public-officer misconduct statutes. Federal prosecutors can step in when the fraud involves federal documents or crosses state lines — 18 U.S.C. § 1028 covers identity document fraud and carries up to 15 years in prison for producing or transferring false identification documents.1Office of the Law Revision Counsel. 18 U.S. Code 1028 – Fraud and Related Activity in Connection With Identification Documents
A criminal conviction also effectively ends the notary’s commission, since a felony or any crime of dishonesty is independent grounds for revocation.
How to File the Complaint
Most commissioning agencies accept complaints through an online form, and filing is free. Before you submit, pull together as much of the following as you can:
- The notary’s full name and commission number. The number is printed on the notary’s stamp or seal. Name and approximate location usually work if you don’t have the number.
- The date and location of the notarization.
- A specific, factual description of what happened. “The notary stamped the document without asking for my ID” is useful. “I think the notary was dishonest” is not.
- A copy of the notarized document, plus any related paperwork that shows context.
- Contact information for anyone else who was present.
Call the agency’s notary division before you submit if you’re unsure where to send it. A handful of states put notary oversight in a department other than the Secretary of State, and starting at the wrong desk wastes weeks.
Getting Your Money Back
If the misconduct cost you money, two paths run alongside the administrative complaint.
The surety bond. Most states require notaries to post a surety bond before they can be commissioned. Bond amounts range from as low as $500 up to $50,000 depending on the state. The bond protects the public, not the notary. Ask the commissioning agency which company issued the notary’s bond, then file a claim directly with that company. If the claim is valid, the company pays out up to the bond’s limit and then goes after the notary for reimbursement.
A civil lawsuit. If your losses exceed the bond, or there’s no bond to claim, you can sue. The notary is personally liable for financial harm caused by negligence or intentional wrongdoing. If the notary was working as an employee at the time, the employer may also be on the hook, which matters because an employer usually has more resources than an individual. Some notaries carry errors and omissions insurance on top of the bond, which can be another source of recovery through a settlement or judgment.
Notario Fraud Is a Separate Problem
One form of notary-related wrongdoing has its own reporting channel. In many Latin American countries, a “notario público” is a licensed legal professional with authority close to an attorney’s. In the United States, a notary public has no such authority. Some people exploit the confusion by advertising as “notarios” and charging immigrants for immigration applications and representation they aren’t qualified to provide.
The Federal Trade Commission has warned consumers directly that notarios cannot help with immigration and that people who pay them routinely lose money and documents and damage their cases.2Federal Trade Commission. Notarios Are No Help With Immigration The Department of Justice runs a Fraud and Abuse Prevention Program that investigates these complaints, takes administrative action, and refers cases for criminal prosecution.3Department of Justice. Fraud and Abuse Prevention Program
Report notario fraud to the FTC at ftc.gov/complaint and to the DOJ program. If the person actually holds a notary commission, file with the state commissioning authority too. The model notarial act specifically bans non-attorney notaries from using “notario” or “notario público” in their advertising.
Deadlines You Shouldn’t Ignore
Every avenue has a clock.
The commissioning agency can usually only act against a notary who still holds a commission or whose commission expired recently. Once a commission has been lapsed long enough, the agency may lose jurisdiction. Some states keep authority over electronic notarization records for up to ten years, which gives a longer window for complaints about remote online notarizations.
Civil lawsuits are governed by statutes of limitations that depend on the legal theory. Fraud claims generally have longer windows than negligence claims, and filing deadlines across most states run roughly two to six years depending on whether the claim is in fraud, contract, or general tort. Miss the deadline and the court dismisses the case no matter how strong the evidence.
Criminal statutes of limitations vary with the severity of the offense; felony fraud charges typically have longer windows than misdemeanors. You can’t control when a prosecutor files, but reporting promptly preserves evidence and gives them more time.
File the complaint and talk to an attorney early. Every month that passes makes the investigation harder and the deadlines closer.