| Pages in topic: < [1 2] | Can I translator can be sue if he/she doesn't want to notarize his/her translation Thread poster: online2003
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Diana Coada (X) 
United Kingdom
Local time: 01:18
Portuguese to English
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Tina Vonhof wrote:
...the client may not have known what kinds of documents do or do not need to be notarized but the translator should know and should have asked ahead of time.
[Edited at 2017-12-15 16:51 GMT]
That would only apply when working with a direct client. I always asked the client to double-check with the requesting authority which type of certification was needed: was it my declaration and signature, or a lawyer's stamp on top of my signature, or notarisation on top of that? If the document is to be used in the UK, this is a very important detail.
In this case however, it seems that the middle man does not know what they're doing and did not perform their due diligence.
| | | | Kay Denney
France
Local time: 02:18
French to English
Whenever I'm asked to translate anything official I ask why the person is having it translated, and I tell them to make sure if there's any chance it may need an official stamp on it because I don't do sworn translations. However the onus is on them, not on me.
| | | | Jessica Noyes
United States
Local time: 20:18
Member
Spanish to English
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| No sworn translators in the U.S. | Dec 17, 2017 |
mariealpilles wrote:
It would have been so much easier to have the document translated by a sworn translator whose stamp and signature are a certification for content since the translator is then liable for quality.
Maybe the client is not at fault and it is not at all impossible that the client was asked to present a notarised document afterwards. The translator does not have to take the document to a notary, the client can do that on its own.
In the U.S. there are no nationally or state-certified sworn translators. The category doesn't exist. So the process is quite different.
When I translate official personal documents for immigration and naturalization purposes, I take paper copies of the original, and my translation, to a local notary, who in this state of Vermont, is not allowed to charge a fee. (There is a notary in my town clerk's office and one at my credit union. Since they are, in a way, doing me a favor, I alternate between them.)
I also bring to the office a document that I call a Statement of Accuracy and Expertise. In it I outline my qualifications, describe the documents (e.g. "the three birth certificates provided to me by Juan Doe") and declare that my translation is complete and accurate to the best of my knowledge and belief. I sign this document before the notary, who is basically witnessing my identification and signature. He or she affixes the embossed seal and stamps something like "Signed before me on (date) at (place) etc."
As regards the original question: As an experienced U.S. translator, when I get a request from an individual to translate personal documents, I *always* ask if they will require notarization. If so, my quoted fee will include a charge for the time it takes me to carry out the procedure, as well as any postage. The translations are useless for official purposes unless they are notarized, so I can understand why the client would be upset if the translator will not provide certification as well.
| | | | Jean Lachaud
United States
Local time: 20:18
English to French
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| Signature notarization is not always required | Dec 17, 2017 |
Not always. Neither federal agencies nor federal courts require the translator's signature on the affidavit to be notarized.
The translations are useless for official purposes unless they are notarized, so I can understand why the client would be upset if the translator will not provide certification as well.
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Tina Vonhof (X)
Canada
Local time: 18:18
Dutch to English
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| The translator sees the notary | Dec 17, 2017 |
mariealpilles wrote:
The translator does not have to take the document to a notary, the client can do that on its own.
As far as I know, that last sentence is not true: it is the translator who sees the notary and swears an oath that the translation is a true representation of the original. The original should be attached to the translation and if the notary (or other authorized person) is very conscientious, he or she may even flip through the documents to see if the translation and the original roughly look alike.
| | | | Stepan Konev
Russian Federation
Local time: 03:18
English to Russian
| What country? | Dec 17, 2017 |
Tina Vonhof wrote:
it is the translator who ... swears an oath that the translation is a true representation of the original.
Just out of curiosity, what country are you talking about?
In Russia, notaries never certify a translator's statement 'that the translation is a true representation of the original' just because there is no way for them to get it proved (how can they establish the extent of likeness without knowing Japanese or Arabic for example). They only certify that it was signed by a person who they see before them and who has a translator's certificate of degree. It has nothing to do with true representation or accuracy (btw Sheila Wilson stated the same above).
[Edited at 2017-12-17 23:46 GMT]
| | | | Diana Coada (X)
United Kingdom
Local time: 01:18
Portuguese to English
+ ...
| Don't you just love it when | Dec 18, 2017 |
the OP doesn't even bother to come back to their posting to either further clarify what happened or to thank the contributors?
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