Notary Public Underwriters Blog
Can a Notary Completely Protect Themselves From Being Sued?
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- Published: November 3, 2025
Can anyone, especially a notary public, completely protect themselves from being sued?
Unfortunately, the answer is no. In the United States, it’s relatively easy for someone to file a lawsuit, regardless of their financial situation. Many people turn to the legal system when they feel wronged or believe they’re entitled to compensation, which can lead to notaries getting pulled into legal disputes—even when they’ve done nothing wrong.
Even if a notary is eventually cleared, the cost of defending themselves can be financially draining. Legal fees can pile up fast. But here’s the good news: while you can’t completely “sue-proof” yourself, there are practical steps you can take to protect yourself and your notary business.
1. Know and Follow Your State’s Notary Laws
Every notary public in the U.S. must comply with the laws and rules of the state that issued their commission. These rules aren’t optional—they’re essential to performing your duties legally and responsibly.
Here’s a quick breakdown:
State laws are passed by your state’s legislature, general assembly, legislative assembly, or similar, depending on the state. These outline the legal requirements and responsibilities of a notary.
Administrative rules are created by the state agency or official that oversees notaries—usually the Secretary of State or, in some states, the clerk of court in the county where the notary resides and filed for a notary commission.
The laws and rules that apply to you are available online. Make it a habit to review them regularly for changes.
2. Protect Yourself with Errors and Omissions Insurance
Even if you follow every rule and perform every notarization correctly, there's still a risk of being sued. That’s why we highly recommend purchasing notary errors and omissions (E&O) insurance.
What is E&O insurance?
Errors and omissions insurance provides financial protection in case of:
- Honest mistakes or oversights during a notarization
- False claims made against you
- Fraud committed by someone impersonating you as a notary—without your knowledge
However, it’s important to note that E&O insurance does not cover intentional wrongdoing or misconduct.
Getting Coverage Is Easy
Getting a notary E&O policy is quick and simple. You can explore coverage options and order your policy directly through our website.
You can't predict if or when you'll be sued, but you can prepare. Get notary E&O insurance from Notary Public Underwriters. It only takes a few minutes to protect what you’ve worked hard to build.
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