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PLEASE HELP, I HAVE PROBLEMS GETTING COURT DOCUMENTS NOTARIZED.


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Hi, I need to file an Answer to a lawsuit from Discover Bank along with a Motion to Compel in the State of New York, the only problem I have is that I recently changed my name legally and the lawsuit is under my old name. and when I went to get them notarized the notary told me he couldn't eventhough I showed him my ID with my new name and the court document stating my old name and that I decided to change my legal name. Is there any way for me to solve this problem? Do court documents require to be signed by a notary at all costs to file them? can somebody please help me find a way around this! Or how to solve this problem.

 

 

Thanks.

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But I don't want the plaintiff to find out that I changed my name, is that possible?

No unfortunately you will have to fess up. The clerk will help with the name change stuff. This will probably be something that the plaintiff will change in the documents under the doe defendants. keeping the court out of the loop will not go well for you.

 

Don't fret you can still win however.

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what happens if I just file all documents without them being notarized?

If you file without them being notarized, your docs won't be allowed to be recorded into the court record. If your Answer and Motion aren't eligible to be recorded, you haven't 'Answered', and you'll miss your answering deadline. The clerk would catch this while you're standing in their office and bring this to your attention. Recognizing that there's no way around it, what I would do, and what will buy you time due to a technicality, I would call the plaintiff attorney and tell them the situation. They'll then have to dismiss the present case and re-file. You would have to be re-served as well. This could be another three weeks or so. Only when you're appropriately re-served does your responding timeline start. In the meantime, use that time constructively and start asking questions around here.

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@needabailouttoo! thanks, I filed an answer and the clerk accepted it without it being notarized and it was recorded on the case, so I don't know what you are talking about.
However, I'm not sure either if I should contact the plaintiff's lawyer either, because since I changed my legal name and they get a judgement, how can they go about enforcing that judgement since my name is different now?

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@needabailouttoo! I appreciate the advice, but do you think the plaintiff is gonna go through all that trouble of refiling instead of continuing with the case, knowing that I can no longer participate in the case and they get judgement easily, because if they do a "Debtor's exam" afterwards, they will ask me for any other names I've used anyway. So are you sure if I call the Plaintiff's lawyer they will decide dismissing this case and re-serve me again with my new name?

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Nunc pro tunc

 

Now comes the defendant, Pro Per, and file this nunc pro tunc, and attests to the following facts, under the penalties of perjury

1) The defendant has legally changed his/her name. (your new name.)

2) The Plaintiff in the above matter has filed this action in the improper name. (your old name

 

The defendant asks the court to change the defendants name in this matter to his/her legal name. (your new name)

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You can if you want, I would, it depends on your courts rules of trial procedure. I would send them a copy just to make sure. This not as big of an issue as you are making it,,,,,,you can even wait until court and explain to the judge that you changed you name and show the docs to prove it.

 

If you have all the legal name change docs then the notary should recognize them.

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Guest usctrojanalum

@needabailouttoo! thanks, I filed an answer and the clerk accepted it without it being notarized and it was recorded on the case, so I don't know what you are talking about.

However, I'm not sure either if I should contact the plaintiff's lawyer either, because since I changed my legal name and they get a judgement, how can they go about enforcing that judgement since my name is different now?

 

Judgment enforcement is done via social security number or date of birth, not name.

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Guest usctrojanalum

Honestly, it sounds like you are asking for help in avoiding this lawsuit because of your name.  That's not the type of information that we give out here.  We help people defend lawsuits on the merits.  The Courts and judgment creditors are much smarter than that.  First, if they wanted to change the name; they would not have to restart and refile they would just have to amend the caption.  

 

Second, they do not even need to do that if they do not want to.  Judgment enforcement is done by social security number and date of birth.  This is mainly because peoples legal names change quite a bit, especially with the divorce rate being what it is.  Do you think that if a creditor has a judgment against Jane Smith, she subsequently files for divorce and her legal name changes to Jane James there is no longer a valid judgment against the debtor?  Of course not.

 

Just because the clerk accepted your papers, does not mean that the court will.  If the plaintiff brings up the fact you filed an answer that is not notarized, they will ask the judge to throw out your answer or to make you file an answer that is notarized.

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