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LegalEagle1
LegalEagle1, Attorney
Category: Legal
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Experience:  Practicing attorney licensed for over 22 years.
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I am an adult and live in California and want to change my

Resolved Question:

I am an adult and live in California and want to change my last name to my mother's maiden name because my parents are divorced and I don't want my dad's last name, but I am in debt and have collections and also found out that I am a victim of identity theft when I couldn't file my 2012 tax return and the IRS told me someone filed with my info. I don't want to change it to avoid the debt I owe or for any fraudulent activity. I intend to pay off my debts so my question is if the court will allow me to change it given my current financial situation?
Submitted: 11 months ago.
Category: Legal
Expert:  LegalEagle1 replied 11 months ago.
Hello and welcome to JustAnswer. I would like to assist you with your question today.

People who are in debt and facing collection often change there names. In some limited cases, the judge may not agree to change your name. The main reasons why this can happen are:
  • If the judge finds that you are changing your name to commit fraud, or
  • If the judge finds that you are changing your name to hide from the law or the police or for some other illegal reason.

When you file a name change the court will require in most cases that you publish the Order to Show Cause for Change of Name in a newspaper of general circulation once a week for 4 weeks in a row. Publishing in the paper will give notice to your creditors that you are changing your name. Also the court records will be available to them also.

 

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
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Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.

 

 

Customer: replied 11 months ago.
I'm not satisfied at all. Your answer was as useless as the stuff I read from google search. Like I said I'm not wanting to change my name due to collections. I plan to pay them. I'm not wanting a name change to commit fraud and not pay my debt. I refuse to pay for your useless legal advice. I want my money back!
Customer: replied 11 months ago.
Please give what I paid back to me.
Expert:  LegalEagle1 replied 11 months ago.
Tiffany,

I have no way of knowing what you already know, unless you tell me. As I stated above you should be permitted to change your name unless the judge finds that you are changing your name to commit fraud, or if the judge finds that you are changing your name to hide from the law or the police or for some other illegal reason.

Sometimes people ask questions on this site to validate what they already think they know. I understood your question to be, can you change name under the circumstances you described. The answer is yes, as long as the court does not find you are doing so for one of the conditions I listed. I am truly sorry that you do not find this to an acceptable answer. Were you looking for something else? If you need more information please let me know what it is.

Rating my answer as "Bad" when reflects poorly upon me. Why did you rate it as such when you knew the information to be correct?

If you need further information please let me know. If you want a refund, rating my answer as bad is not required to accomplish this. All you need to do is contact customer service or request that I refer your question to them..
Customer: replied 11 months ago.
I rated bad because the answer you gave me was the basic info they give on all the sites i read when i google searched "changing legal name in california" and your response was like you literally copy and pasted the government website www.courts.ca.gov and i had given the information in the box that asks you to write other resources i have researched or tried to find the answer before coming here i put i did a google search.
Expert:  LegalEagle1 replied 11 months ago.
Well the State of California has enacted the law and courts handle the cases in which petitions to change one's name are filed. So one would expect the court to perhaps have that information available on their website. I have no way of knowing what website you visited prior to coming to just answer. If you had visited and read that website it should have answered your question. Were you expecting me to post something that was different?

Most of the answers that are provided on this site are available through resources that are on the internet. As an attorney, I know how to find and where to look to find the answer to questions others may not.

Giving you this information as long as it accurate and answers your question is what an expert should do.

Clearly changing your last name to match your mother's maiden name makes sense. Many people do this. And as long as the court finds your reason for changing it is permissible they should allow the name change. You should expect if you file a petition to change your name that it will be granted.

Are you looking for additional information?
Customer: replied 11 months ago.
ok i see your point and I will change my rating for you to the best one if you will answer this for me...i know that it takes like months for the whole process to be completed. is there a way i can get it done like fast because here's the thing...I am going to move to bali, indonesia for a job that will pay me enough to pay off all my debts and collection notices. it's also the country that my family is from and that is why i want my moms maiden last name as it carries a lot of weight there whereas my father and his last name was from the wrong side of tracks. BUT i need my change completed like ASAP.
Customer: replied 11 months ago.
also tell me what i need to do or who to contact to say that i accidentally clicked bad service that first time when i meant to click excellent
Expert:  LegalEagle1 replied 11 months ago.
also tell me what i need to do or who to contact to say that i accidentally clicked bad service that first time when i meant to click excellent

You can rate a subsequent answer such as this one "excellent" and it will change the rating.

As I explained above a petition to change your name requires that the Order to Show Cause for Change of Name in a newspaper of general circulation once a week for 4 weeks in a row. So when you file the petition to change your name you have to request a court hearing 6 weeks out. If no written objection is filed at least two days prior to the hearing date the court grant the petition without a hearing.

Review this court form and instructions. It explains the process that I just outline above.

http://www.courts.ca.gov/documents/nc-100.pdf

So the shortest time you can complete the process is six weeks. What I suggest you do is to complete above form and file it Monday. Explain to court clerk that you are traveling to Indonesia, for an extended period of time and want your name changed to your Mother's maiden name before you see her family. They may be able to expedite the process and see that you get a date close to the 6 week time frame. While I don't think it should be necessary, sometimes attorneys know who to speak to in a court house to have a matter placed on the fast-track. You may want to see if one can help expedite your hearing date.

Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
LegalEagle1, Attorney
Category: Legal
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Experience: Practicing attorney licensed for over 22 years.
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