Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am an adult and live in California and want to change my

last name to my mother's...
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?
Show More
Show Less
Ask Your Own Legal Question
Answered in 26 minutes by:
5/18/2013
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
Verified
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.

_________________________________________________________________
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”
_________________________________________________________________
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.

 

 

Ask Your Own Legal Question
Customer reply replied 4 years 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 reply replied 4 years ago
Please give what I paid back to me.
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..
Ask Your Own Legal Question
Customer reply replied 4 years 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.
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?
Ask Your Own Legal Question
Customer reply replied 4 years 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 reply replied 4 years 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
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
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 25 years.
Verified
LegalEagle1 and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask LegalEagle1 Your Own Question
LegalEagle1
LegalEagle1
LegalEagle1, Attorney
Category: Legal
Satisfied Customers: 795
795 Satisfied Customers
Experience: Practicing attorney licensed for over 25 years.

LegalEagle1 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Can the reply to show cause of support after withdrawal of
Can the reply to show cause of support after withdrawal of TRO be combined into filing a divorce petition?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Do I have to have a legal name change when my name as
Do I have to have a legal name change when my name as changed on power of attorney … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,188 satisfied customers
I need to answer Order to Show cause for a repossession.
I need to answer Order to Show cause for a repossession. … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I got denied in New Jersey an order to show cause. can this
I got denied in New Jersey an order to show cause. can this denial get appealed quickly and is there a chance a Judge will over rule themselves. in desperate need of the OTSC … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I just received an Order to show cause notice for failure to
I just received an Order to show cause notice for failure to attend jury service. I have always responded and served and I did see any notice on this one. What can I do? Am I in trouble? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I have filed a show cause of action suit against my ex wife
I have filed a show cause of action suit against my ex wife as she has not done anything ordered by the judge on Feb 22nd. We both were given 20 days to complete certain actions. i.e. I got her off of… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I just filed for name change with my petition and order
I just filed for name change with my petition and order forms, but now they are telling me I need to file for a court date and I cannot find any forms on that for Texas … read more
Bill Attorney
Bill Attorney
law
1,411 satisfied customers
I need to do a name change but the name I need to change to
I need to do a name change but the name I need to change to I have been using for 40 years. Everything is in that name! How do I do this? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
I have a question about a letter to show cause. New york. I
hi there...i have a question about a letter to show cause … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,029 satisfied customers
For a Name Change in TX, is a Class Misdemeanor 6 mo
For a Name Change in TX, is a Class B Misdemeanor 6 mo probation then dismissed impeding the process ? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
I am wondering if I can bring and Order to Show Cause for
I am wondering if I can bring and Order to Show Cause for failure to comply with disclosure purusnat to CPLR 3124 after I served notice ofr discovery almost 5 months ago with a folow up reminder four … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,049 satisfied customers
I filed an emergency order to show cause with temporary
I filed an emergency order to show cause with temporary restraining order in Supreme Court and had an oral argument with judge and defendants attorneys, the relief I sought was to stay a civil housing… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,446 satisfied customers
Form#5 Order to show cause says "The Court based on the file
Form#5 Order to show cause says "The Court based on the file and record herein, and based on the Plaintiffs Motion and Declaration for Order to Show Cause , Now Hereby Orders and Requires the above na… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
178 satisfied customers
Need to find out how to get a copy of my name change in the
Need to find out how to get a copy of my name change in the 70's … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Ray I just received Order to Appear and Show Cause Why
RayI just received Order to Appear and Show Cause Why Adversary Proceeding Should Not Be Dismissed dated June 19, 2017, from Bankruptcy Court hearing set on June 29, 2017. There was no motion from the… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I have an Oder to show cause today at 1:30 but I'm working
I have an Oder to show cause today at 1:30 but I'm working and can't make it to court. I filed a motion asking the judge to allow my fines to go back to a payment plan so I can get my license reinstat… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
I have a show cause hearing coming up and I'm wondering the
I have a show cause hearing coming up and I'm wondering the best way to prepare with out having to hire a lawyer yet … read more
Michael Gonzalez
Michael Gonzalez
JD
518 satisfied customers
I filed an order to show cause on 4-5-2017 in New Mexico for
I filed an order to show cause on 4-5-2017 in New Mexico for non-family court situation and I'm not sure what happens next.. Does the defendant have to reply or will a date get set? I see that it is r… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x