Lawyer tells me I can&#39;t get certified copies from Post Office I'm remortgaging and doing a transfer of equity of my main home. My lender's solicitor has asked me to give certified copies of my photo ID and proof of address. I asked them if I could do it at the Post Office, and they said no, it has to be a solicitor, accountant, bank manager or financial advisor. Can they really specify who I get my certified copy from? Doing it with a solicitor will be 4 times more expensive than doing it at the Post Office.
Your lawyer may be misinformed as the Post Office offers a Document Certification Service: If you’ve been asked to provide photocopies of documents to someone, our Document Certification service will for a fee certify and confirm that these are a ‘true likeness’ of the original. Fees, as per the link, start at £12:75 for 1-3 copies.
Unless the notary personally knows the signer, the notary should, and normally will, ask for identification, and the name that the notary puts in the notarization certificate should be copied exact6ly from whatever ID is presented. For Alan Jones to sign as J7, he would need some sort of official proof, acceptable to the notary, that he is "J7". What would that be? I doubt that any notary would certify such a doccument. (If the document is signed as "Alan Jones" but the ID says "Alan J Jones" I am not sure if the notary must follow the ID or may follow the document, assuming that the notary is convinced that the two are the same person. Many notaries in practice will follow the ID.) I agree that the normal way would be for the document to say "Alan Jones, also known as 'J7'", and possibly include wording such as "I Alan Jones, am the person who posts on site XYZ.com as "J7", and specifically who posted a message starting {quote} at {timestamp}." (Or it could give the secure hash of the message, or of several messages.) This would clearly est6ablish a link between the document and the online conversations/acts that it is meant to refer to. The questions says: a need has developed for Alan Jones to sign a document using the name J7 I doubt that doing such a thing is either required or helpful. Rather I suspect he will need to sign a document in which he acknowledges being the particular "J7" involved in the matter.
Can the subject actually sue me in England, or is it possible to sue only in the EU country I posted the article from, or in the US where the article is actually hosted? Yes. If the online encyclopedia is available in the UK, then you have libelled them in the UK and, indeed, in every country where it is available. They can choose to sue in and under the laws of any country where they were libelled. If the subject can and does sue in England, what happens exactly? This is laid out in the Civil Procedure Rules Am I correct in presuming that I will be notified of this by mail and asked to enter a defence? You will definitely need to be served with the Particulars of Claim, however, this may come by other methods than snail mail. If so, what happens if I ignore the matter? Will a default judgment against me necessarily be entered, or will the court duly consider the plaintiff's case, perform the bare minimum investigation/reasoning necessary to determine which arguments of theirs are (un)sound, and so possibly rule in my favour? A default judgement will be entered providing the Particulars of Claim show a cause of action on its face. The court will not examine any evidence or enquire into the veracity of the statements made on the Particulars of Claim. In short, unless the plaintiff has ballsed something up - you lose. If I do choose to respond, can I hire an England-based lawyer to handle everything remotely, or can I be compelled to physically attend the court in England? You are generally not required to attend court in a civil matter unless you need to testify. Even then, arrangements can be made for remote testimony. If the court rules for the plaintiff and awards damages, can this judgment be enforced in the EU, or would it apply only in the UK? It can be enforced in the EU. As a courtesy or by treaty, domestic jurisdictions will enforce foreign judgements in most cases. If the court rules in my favour, would I recoup my legal fees? You will probably recoup some but not all of your legal fees, say 50-60%. Costs orders are complicated - talk to your lawyer.
Often one chooses your accountant, your financial advisor, or your lawyer. Another option is to appoint the trust department of a bank. I personally, as a lawyer, have a policy of not consenting to do that except in rare cases like the one in this question, of a client who just doesn't have anyone and has an estate sufficiently small that a bank trust department would not be cost effective or well suited to handling some aspect of the executorship. But, I have done it a few times in those cases. Most lawyers I know of take a similar position. If no executor is designated, your estate will usually be administered either by a large unpaid creditor, or by the public administrator (whose job is primarily to administer estates in cases where there are no next of kin, no executor has been designated, and there are no unpaid creditors who have stepped up to do the job).
The document involves the bank cancelling the deed of trust (i.e. basically the mortgage) that you gave to the bank for the loan, because it was paid in full. In a deed of trust, the legal fiction is that you transfer the property to a trustee for the benefit of the bank. The bank was a grantee of an equitable interest in the property and a beneficiary of the trustee of the deed of trust. You were the grantor in the original transaction, giving the property to the trustee of the deed of trust, in which the bank and the trustee were grantees. Now, the bank is the grantor giving back to you what you gave up when the deed of trust was created, and you are the grantee of the rights that the bank acquired under the deed of trust. This is a routine document with nothing that seems to be amiss or needs to be clarified. It just means that the deed of trust is gone and that the property is now free and clear again. Depending upon local real estate practice, it may need to be recorded to establish that fact in the public record.
First of all, the USA's legal system is not here to be referee to every single little "gotcha" mistake, and every little mistake doesn't mean a payday for someone. The employee at the tax preparer screwed up. They mixed up your folder with the other guy's folder. It was an honest mistake, which is another way of saying "nobody stands to gain from this." The best LEGAL action you can take is to either destroy the copy in your possession, or mail it back to the tax preparer, and call it a good day, done well. The law of torts exists to adjudicate sincere and structural divergences of interests, not to fix silly mistakes. As a point of law, what was the damage of this "event?" Some random person (you) saw a 1099 belonging to someone else. In good faith, you attempt to find and reinstate the rightful owner with their document. All good. As it is, you have zero "standing" in a case of inadvertent clerical error between two other parties.
The simple way is to post a picture of you and the widget to a site like Flickr. A more expensive way (but with rather more weight) is to get a Notary to certify they saw you and the widget on January 9th. Both the above provide evidence you had access to the widget before January 10th, but neither prove you owned it. For that, you would need a dated (possibly even notarized) bill of sale or similar - but if you acquired the widget via a gift, that won't work. A signed witness statement from the giver would probably serve (and the statement could legitimately be created when you are prosecuted). None of the above are unforgeable - but you don't need that. Depending on how the law is written, you will only need to show ownership on the balance of probabilities, or you might only need to show reasonable doubt that you didn't own it on 9th January.
Essentially, if there is no written agreement or receipt of payment, the only records that exist will be in the payment itself. If it was paid by cash, there's probably no recourse without additional facts. However, if it was paid electronically, then even if there's no narration (description) that claims that the payment was for rent, it is still possible that you would be able to file a summons requiring the recipient bank to produce the information relating to the entity that holds the account the money was sent to. The information they have may be limited, but generally this would include: Name Address Date of birth (for natural persons) Phone number The above information is typically required under anti-money laundering and counter-terrorist funding legislation. Additionally, if it was paid electronically, the regularity of the payments and the regular amounts may be persuasive. Finally, it's not proof, but you can swear an affidavit or a statutory declaration attesting to the truth of your assertions, but without additional evidence (the aforementioned transaction information), it doesn't really hold weight on its own.