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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9090
Experience:  since 1983
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I CHANGED COURT IN 2012 BUT NEVER COMPLETED THE CHANGE,

Customer Question

I CHANGED MY NAME IN COURT IN 2012 BUT NEVER COMPLETED THE CHANGE , COULD I GET A SMALL CLAIMS JUDGE TO RULE THE NAME CHANGE IS INVALID BECAUSE IT IS NOT RECOGNIZED ON MY BIRTH CERTIFICATE OR IN THE OTHER 3 STATES THAT I LIVED SO I CAN USE MY BIRTH NAME ON MY CALIFORNIA DRIVERS LICENCE AGAIN. I CHANGED IT FOR LIFE SAFETY REASONS BUT DID NOT STATE THAT IN COURT OR IN WRITING AND IT DID NOT MAKE A DIFFERENCE.
Submitted: 3 months ago.
Category: Legal
Expert:  AttyHeather replied 3 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 3 months ago.

If you went through the court name change proceeding, and the judge issued a final order changing your name, then the name in the name change proceeding is your legal name. It doesn't matter that you did not change your birth certificate or indicate the new name on your driver's license. The court order validly changes your legal name. A small claims judge wouldn't have the authority to change that. If you don't want the name as stated in the court order, and you want to do things properly, you will need to do another name change proceeding to get it legally changed back. While you might still be able to get by using your old name since you never changed documents, the name change proceeding is still valid, and your legal name is ***** ***** in the court proceedings.

I hope that helps.

Let me know!

Customer: replied 3 months ago.
I FOUND THE ANSWER A FEW HOURS AGO , WHAT YOU SAID IS NOT THE INFORMATION I NEED.
Expert:  AttyHeather replied 3 months ago.

I apologize I was not more helpful.

Customer: replied 3 months ago.
THE INFORMATION U GAVE IS COMMON KNOWLEGDE, I CAN GET IT ANYWHERE.
Expert:  AttyHeather replied 3 months ago.

You asked: "COULD I GET A SMALL CLAIMS JUDGE TO RULE THE NAME CHANGE IS INVALID BECAUSE IT IS NOT RECOGNIZED ON MY BIRTH CERTIFICATE." If the answer is common knowledge, then I do not see why you bothered to ask the question. I will opt out and allow another expert to better assist you. No need to respond. Good luck with the name change.

Expert:  N Cal Attorney replied 3 months ago.

New Exert here.

Small claims judges do not have jurisdiction to rule on the validity of a name change. They have no jurisdiction to issue a declaratory judgment when there is no adverse party.

Only the Superior Court has jurisdiction to change a person's name, see

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=01001-02000&file=1275-1279.6

If a Superior Court judge filed an order changing your name, then you would have to go back to Superior Court to change it back. If no such order was ever filed, then your name was not legally changed.

I hope this information is helpful.

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