The Credible Witness
The Credible Witness: Your Secret Weapon
By Oliver The Notary Nerd, Founder & Lead Mentor, Lions Den Notary Training
Welcome to the Den. Let's talk about a scenario I hear about far too often. A person, often elderly or in a difficult situation, needs a critical document notarized but has an expired ID, or perhaps no ID at all. They go to a local pack-and-ship store or another "brick-and-mortar" notary, only to be turned away with a flat "No ID, no notarization."
This is not just poor customer service; it's a failure to know the law.
At Lions Den, we train notaries to be problem-solvers, not roadblocks. We operate from a position of knowledge, and Texas law provides a powerful, legal solution for this exact situation: the Credible Witness. For an educated notary, this isn't an obscure rule; it's a secret weapon in our arsenal to serve the public compliantly.
What is a Credible Witness?
A Credible Witness is an individual who can vouch for a signer's identity under oath. They act as a human ID card, bridging the gap when a signer lacks the required documentation. This isn't a casual favor; it's a formal legal process where the witness swears to the notary that they personally know the signer.
The Law of the Den: Texas Rules for Credible Witnesses
Your authority to use a credible witness is grounded in Texas law. Texas Administrative Code §87.40 outlines the specific requirements. To be valid, the process must meet these strict criteria:
The Witness Must Personally Know the Signer: This isn't a casual acquaintance. The witness must be able to confidently and truthfully swear to the identity of the person signing the document.
The Notary Must Identify the Witness: This is the crucial step. The notary can identify the credible witness in one of two ways:
The notary personally knows the witness.
The witness presents their own valid, unexpired government-issued photo ID to the notary.
Notice what this means: The notary does NOT have to personally know the witness, as long as the witness has their own valid ID. This is the detail that many untrained notaries miss, leading them to incorrectly turn away signers.
The Witness Must Be Disinterested: The witness cannot be a party to the transaction or gain any financial benefit from the document being signed. They must be a neutral third party.
The Lions Den Protocol: How to Use a Credible Witness
When faced with a signer who has no ID, an elite notary doesn't see a problem; they see a process. Here is the step-by-step protocol:
Step 1: Verify the Witness's Eligibility.
Confirm that the witness personally knows the signer and is not named in the document or benefiting from it.
Step 2: Identify the Witness.
Either confirm your personal knowledge of the witness or carefully examine their valid government-issued photo ID, just as you would for any signer.
Step 3: Administer the Oath to the Witness.
This is a non-negotiable step. Place the witness under oath by asking them to raise their right hand and administering the following:
"Do you solemnly swear or affirm that you personally know this individual as [Signer's Name], that they are the individual named in this document, and that you are not a party to this transaction nor will you gain any financial benefit from it?"
You must receive a clear, affirmative answer.
Step 4: Proceed with the Notarization for the Principal.
Once the witness has vouched for the signer's identity, you can proceed with the standard notarial act (Acknowledgment or Jurat) for the principal signer.
Step 5: Complete Your Journal Entry Meticulously.
Your notary journal is your proof of a compliant notarization. Your entry must include all the standard information for the principal signer, plus:
In the "How Identified" section, write "Credible Witness."
Record the name, address, and signature of the credible witness.
Note how you identified the credible witness (e.g., "Personal Knowledge" or "TX Driver's License").
Turning away a client in need because you don't know the full scope of your state's laws is a disservice to the public and a failure of your commission. The law provides tools to handle complex situations. Knowing how and when to use them is what separates a simple stamp from a true professional. That is the Lions Den way.
Ready to Master Every Scenario?
The Credible Witness is just one of many situations that can stump an unprepared notary. The Lions Den Notary Blueprint is designed to forge you into an expert who can command any signing table with confidence. Our comprehensive training covers every complex scenario, from flawed documents to signers with special needs, ensuring you are prepared for the real world.
Click Here to Enroll in the Lions Den Notary Blueprint and Train to Become an Elite Texas Notary.
