Top 10 Mistakes New Texas Notaries Make (and How to Avoid Them)
10 Mistakes New Texas Notaries Make
Starting out as a Texas notary public is exciting, but it’s also easy to make mistakes that can cost you money, lead to legal trouble, or even result in losing your commission. Whether you’re brand new or just want to tighten up your process, here are the top 10 mistakes new Texas notaries make — and how you can avoid them.
Quick-Reference Table
| Mistake | How to Avoid It |
|---|---|
| Not verifying signer’s ID | Always check a valid government-issued photo ID |
| Charging more than allowed | Follow the Texas Notary Fee Schedule |
| Skipping recordkeeping | Keep a bound journal of every notarization |
| Skipping the oath for jurats | Always administer the verbal oath or affirmation |
| Using the wrong certificate | Double-check acknowledgment vs. jurat before proceeding |
| Leaving stamp/journal unsecured | Store them locked up when not in use |
| Forgetting to renew | Set reminders 60–90 days before expiration |
| Not buying E&O insurance | Get coverage to protect yourself financially |
| Not knowing prohibited acts | Review the Texas Notary Handbook regularly |
| Being unprofessional | Show up on time, dress appropriately, be prepared |
1. Forgetting to Verify the Signer’s Identity
The Mistake:
Rushing through signings or trusting verbal confirmation without checking proper ID.
Why It’s a Problem:
Improper identification can lead to fraud and make your notarization invalid.
How to Avoid It:
Always ask for a current government-issued photo ID that meets Texas requirements (driver’s license, passport, state ID). Double-check expiration dates.
2. Charging More Than the Legal Fee
The Mistake:
Setting your own prices for notarizations without checking the legal maximum.
Why It’s a Problem:
Texas caps most notarial fees at $6 per acknowledgment, $6 per oath/affirmation, and $6 per certificate. Overcharging can lead to complaints and disciplinary action.
How to Avoid It:
Keep the Texas Notary Fee Schedule handy and clearly display your fees if you offer services to the public. You may charge a separate, reasonable travel fee — but get it agreed to in writing first.
3. Skipping Recordkeeping
The Mistake:
Not using a notary journal because it’s not technically required by Texas law.
Why It’s a Problem:
Without a journal entry, you have no record if your notarization is challenged later.
How to Avoid It:
Use a bound notary journal and record every notarization: date, time, type of act, name of signer, type of ID, and signature. This protects you and your clients.
4. Not Administering Oaths Properly
The Mistake:
Allowing the signer to just sign an affidavit without actually giving an oath or affirmation.
Why It’s a Problem:
Skipping the verbal oath makes the notarization invalid.
How to Avoid It:
For jurats, always ask the signer to raise their right hand and administer the oath:
“Do you swear (or affirm) that the statements in this document are true?”
Wait for a clear “Yes” before proceeding.
5. Using the Wrong Notarial Certificate
The Mistake:
Attaching an acknowledgment when a jurat is required, or vice versa.
Why It’s a Problem:
Incorrect certificates make the notarization legally defective.
How to Avoid It:
Understand the difference between acknowledgments and jurats. If you’re unsure which to use, ask the signer or the document preparer — never decide legal intent yourself.
6. Failing to Secure Your Stamp and Journal
The Mistake:
Leaving your notary stamp and journal in your car or unsecured at home.
Why It’s a Problem:
If someone else uses your stamp, you’re still liable.
How to Avoid It:
Keep your stamp and journal locked up when not in use. Treat them like cash or a personal ID — because they are legal instruments.
7. Forgetting to Renew on Time
The Mistake:
Waiting until the last minute to renew your Texas notary commission.
Why It’s a Problem:
If your commission lapses, you cannot notarize until you’re re-commissioned — which could take weeks.
How to Avoid It:
Set a calendar reminder 60–90 days before your commission expires so you have time to renew your bond, file your renewal, and receive your updated commission.
8. Not Having E&O Insurance
The Mistake:
Assuming the $10,000 surety bond protects you personally.
Why It’s a Problem:
The bond protects the public — not you. If a claim is paid out, you’re responsible for reimbursing the bonding company.
How to Avoid It:
Purchase Errors & Omissions (E&O) insurance to protect your personal finances if you make a mistake. Coverage is affordable and can save you thousands.
9. Not Knowing What You Can’t Notarize
The Mistake:
Agreeing to notarize a document you’re not authorized to, like vital records or blank documents.
Why It’s a Problem:
This can lead to fraud and legal penalties.
How to Avoid It:
Review the Texas Notary Handbook to know what you are — and are not — allowed to notarize. If something seems suspicious or incomplete, refuse the notarization.
10. Neglecting Professionalism
The Mistake:
Arriving late, being disorganized, or treating notarizations casually.
Why It’s a Problem:
Clients expect professionalism, especially for real estate and legal documents.
How to Avoid It:
Arrive early, dress appropriately, and have all your supplies ready. Professionalism builds trust — and repeat business.
Beginner Notary Toolkit
If you’re just getting started, here are the must-have tools every Texas notary should own:
- Official Notary Stamp/Seal – Must meet Texas design standards.
- Bound Notary Journal – For recording every notarization (even though not required, it’s best practice).
- Acknowledgment & Jurat Certificate Pads – Handy when documents don’t have the proper wording.
- E&O Insurance Policy – Protects your personal finances if you make an error.
- Lockable Bag or Case – To safely carry your journal and stamp.
Pro Tip: Consider adding a dual-tray laser printer and scanner if you plan to expand into loan signings.
Avoid These Mistakes
Avoiding these mistakes will protect your commission, save you from liability, and build a reputation as a professional, trustworthy notary public in Texas.
Want more guidance? Check out our Step-by-Step Guide to Becoming a Texas Notary and grab our Free Notary Toolkit Checklist to make sure you have everything you need before your first signing.
