Accident Q&A series

Do I fill out the notary section of a release of all claims?

· Wallace Pierce Law

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Short Answer

No. You generally complete the portions of the release that ask for your information, but the notary should complete the notarial certificate, sign it, apply the seal, and enter the commission information. Because some releases require you to sign in the notary’s presence while others allow you to acknowledge an earlier signature, the safest approach is to leave the signature and notary section blank until the notary reviews the form.

Which Parts Should You Leave for the Notary?

A release of all claims commonly has two separate parts. The first part contains the settlement terms and a signature line for the person giving up the claims. The second part is a notarial certificate, often located below the signature line or on the final page.

You should generally leave the following items in the notarial certificate for the notary to complete:

  • The state and county where the notarization occurs.
  • The date of the notarization.
  • The name entered in the notary’s certification.
  • The notary’s signature and printed name.
  • The notary’s seal or stamp.
  • The expiration date of the notary’s commission.
  • Any wording confirming that you appeared, acknowledged your signature, or took an oath.

Do not sign on a line labeled for the notary. Do not add a seal, commission date, or other notary information yourself. If part of the certificate is already typed, allow the notary to decide whether it can be completed as written.

Under N.C. Gen. Stat. § 10B-40, a North Carolina acknowledgment generally identifies the location of the notarization, the person who appeared, the date, and the notary’s signature, seal, and commission expiration date. The notary must also have personal knowledge or satisfactory evidence of the signer’s identity.

Should You Sign the Release Before Meeting the Notary?

It depends on the wording of the certificate. An acknowledgment usually confirms that you personally appeared and acknowledged signing the document. A jurat may use language such as “signed and sworn to” or “subscribed and sworn,” which ordinarily requires the signing and oath or affirmation to occur before the notary.

Because these forms are easy to confuse, the practical choice is to wait. Take the unsigned release to the notary and ask where and when to sign. The notary can perform the requested notarial act but should not advise you whether the settlement terms are acceptable.

The acknowledgment form recognized by N.C. Gen. Stat. § 10B-41 states that the signer personally appeared and acknowledged signing the document. This is why the notary—not the claimant—completes and signs that certificate.

What Should You Review Before Signing?

Notarization confirms matters connected to the signature. It does not mean that the notary reviewed the settlement, approved the release, or determined that its terms protect you.

A release of all claims can end more than the bodily injury portion of a claim. Before signing, compare the document with the negotiated settlement and check:

  • The released parties: Confirm which people, businesses, insurers, and other entities would be released.
  • The claims covered: Determine whether the language is limited to the injury claim or also covers property damage, loss of use, or other unresolved losses.
  • The incident information: Check names, the date of the incident, and any claim number for accuracy.
  • The settlement terms: Make sure the written document reflects the agreement you understood was reached.
  • Indemnity or repayment language: Some releases require the signer to address claims by medical providers, health plans, government benefit programs, or other parties seeking payment from the settlement.
  • Additional promises: Look for confidentiality terms, responsibility for future claims, or statements that no other promises were made.

If a property damage issue or another part of the claim remains unresolved, signing a broad release may affect it. Do not add handwritten limitations or cross out language without first obtaining agreement from the party that prepared the release. An altered form may not match the negotiated settlement.

What to Bring to the Notarization

Bring the complete release, not merely the signature page. The notary may need to review the certificate and confirm that the document is ready for notarization. You should also bring:

  • A current form of identification acceptable to the notary.
  • Any written settlement confirmation or instructions that came with the release.
  • The contact information for the adjuster or attorney who sent the document.
  • A copy of the release for your records, or a way to obtain a copy after it is signed.

Do not leave important claimant fields blank unless the sender has instructed you to do so. At the same time, do not guess about a confusing field. Ask the sender whether it is for you, the insurer, an attorney, or the notary.

Finding a Notary Without a Bank Account or Email

A bank account is not a legal requirement for notarizing a paper release. Although some banks provide notary services only to customers, other commissioned notaries may be available through law offices, shipping or document-service businesses, and some public or local government offices. Availability, identification requirements, appointments, and fees can vary, so confirm those details before traveling.

Reliable email access is also unnecessary for an ordinary paper notarization. Ask the person who sent the release whether the completed original must be returned by mail, delivered in person, or handled another way. Keep a complete copy of the signed and notarized document before returning the original.

If someone proposes electronic or remote notarization, ask what technology, identification process, and document format would be required. For a person without dependable email or internet access, an in-person paper notarization may be more practical.

How This Applies to the Negotiated Settlement

Here, the release reflects a negotiated personal injury settlement, but the signer is unsure which sections to complete. The practical approach is to fill in only clearly labeled claimant information, avoid signing prematurely, and leave the complete notarial certificate for the notary.

Before arranging notarization, the signer should also confirm that the release matches the negotiated terms and does not unintentionally resolve a separate claim that remains open. Lack of a bank account or reliable email should not prevent an in-person paper notarization, although the signer should confirm where a notary is available and how the completed original must be returned.

A Simple Signing Checklist

  1. Read every page of the release and any attached settlement instructions.
  2. Compare the written terms with the agreement you understood was reached.
  3. Complete only the fields clearly assigned to you.
  4. Leave the signature and notarial certificate blank until meeting the notary unless reliable instructions say otherwise.
  5. Bring the entire document and acceptable identification.
  6. Sign or acknowledge the signature as directed by the notary.
  7. Check that the notary completed the certificate, signed it, and applied the required seal.
  8. Make a complete copy before returning the original by the approved method.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to review whether a personal injury release matches the negotiated settlement, identify language that could affect unresolved claims, and explain which portions are for the claimant rather than the notary. The firm may also help clarify return instructions and address questions involving medical bills, repayment claims, settlement paperwork, or the handling of settlement proceeds. A review does not guarantee that a term will be changed or that a particular result will follow.

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