Within the Uniform Commercial Code (UCC) is a process called a ‘notarial protest’, also known as Notary Certificate of Dishonor/Default (COD) method. Notarial protest has generally been used by banks in their commercial transactions, but more recently, the Notary COD method has been used in disputes with government agents, agencies, banks, and corporations by people who are unable to afford the services of an attorney and/or have been disappointed when seeking justice through the courts. It can be used to head off potential litigation, settling of the case prior to it’s being brought into court, or sometimes, for a case that is already in the court. It is a process of re-presentation of commercial documents that were previously presented and ignored, in order to gain response and satisfaction of your claim/inquiry.
The COD is a 3-step process which is performed by a notary after you have made a good faith effort to settle the matter with your opponent. You then bring the matter to the notary and request s/he re-present your documents to your opponent as a third party witness to their dishonor. The notary invites them to respond to him/her within a specific time frame, offering a follow-up Notice if there is no response. If no answer is forthcoming, then a Certificate of Dishonor / Non-Performance is issued.
If you have not yet begun an administrative process, you may want to review the Conditional Acceptance for Proof of Claim, the Commercial Affidavit, or the International Commercial Claim Administrative Remedy.