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Can a notary sign as a witness on a Lien Waiver?

VirginiaLien Waivers
Anonymous Contractor

I need to sign a Lien Waiver but I want to know if a notary can sign as a witness on the lien waiver?

2 replies

Levelset Admin at Levelset
| 1,002 reviews
Apr 27, 2020
If the lien waiver is being notarized by that notary, then the notary shouldn't also serve as the witness on the document. But, if the lien waiver is not being notarized, then yes - a notary could absolutely serve as the witness. Keep in mind that Virginia lien waivers don't actually have to be notarized. Only Texas, Mississippi, and Wyoming require that waivers be notarized. Levelset discusses that here: Do Lien Waivers Need to be Notarized?
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You're not required to have the waiver notarized. It's a good practice, but certainly not a requirement in VA. Good luck!
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