Sealed Name Change Question

[iamntrbltwo]

I need some help please.

 

I have several credit accounts in collection; they're around three years old. I've recently changed my name and the judge sealed the record to protect me from violence.

 

Here's the questions:

 

1. If someone like a process server knocks on the door and tries to serve me for a court appearance to get a judgment against me: do I have to acknowledge my old name?

 

2. Same scenario as question one, but it's a cop trying to serve me: do I have to acknowledge my old name?

 

My understanding is the purpose of sealing my record was that I don't have to tell anyone my old name. Plus the serving papers are going to have my old name most likely, so I'm fairly sure they can't make me sign my old name. And of course why would I sign a paper that doesn't have my correct name.

 

3. If a debt collector sends me a letter with my old name, I will need to send a cease and desist letter challenging the debt, how do I handle this without acknowledging my new name? I can't legally sign my old name anymore, nor do I think it would be smart to give them my new name.

 

4. If they sue me under my old name, how would I handle this? Can I just ask for a dismissal because of the wrong name and make them suit me again under the correct name?

 

If any of you can think of anything else that would apply, or other helpful information, then feel free to add it in your response.

 

Also, my name change had nothing to do with trying to avoid these debts.

 

Please don't respond that I should just pay these bottom-feeders that bought these debts for pennies on the dollar. I'm a disabled person and it's illegal to garnish my disability pension, so they can't collect from me. In fact that's the reason I think they keep quickly selling the account to other collectors when I tell them that in a response/cease and desist letter.

 

Thanks for any responses.

Edited May 17, 2014 by iamntrbltwo

[moosetracks]

How interesting, I have no idea on this one.... following..

[shifter]

Please don't respond that I should just pay these bottom-feeders that bought these debts for pennies on the dollar.

I can just about guarantee you won't ever hear anything like that around here.

[creditrepair2014]

Did you also get a new social security # or only change your name? Did you know that are you able to legally get a social security # under very specific special circumstances? This may be one of those circumstances that applies. Then both your name and your social security # would not match any debts.

[nysbadmk8]

I am going to say this, If your name change is sealed under court records to prevent any further abuse to you or for that abuser to find you, or whatever the circumstance was. DONT, SIGN, ACKNOWLEDGE, OR SAY YOUR OLD NAME.

 

As for the legality of it all... They have no way to prove you are your old self, per the court, you are now someone different, and those records are sealed.

 

But since this is above and beyond 99% of the users here.. And that's only my opinion typed above.. I would consult an attorney for legal clarification. ICAN might be able to chime in too.

 

And no.. dont pay a dime to any collectors.

 

Did your new name come with a new SS?

Edited May 17, 2014 by nysbadmk8

[iamntrbltwo]

I am going to say this, If your name change is sealed under court records to prevent any further abuse to you or for that abuser to find you, or whatever the circumstance was. DONT, SIGN, ACKNOWLEDGE, OR SAY YOUR OLD NAME.

 

As for the legality of it all... They have no way to prove you are your old self, per the court, you are now someone different, and those records are sealed.

 

But since this is above and beyond 99% of the users here.. And that's only my opinion typed above.. I would consult an attorney for legal clarification. ICAN might be able to chime in too.

 

And no.. dont pay a dime to any collectors.

 

Did your new name come with a new SS?

No, I was not given a new SS#, but they have changed my name in their records.

[nysbadmk8]

Well. Your creditors will be able to get your new name since I am assuming the 3 cras have your new name and your old name attached to your SS.

 

Sent from my SM-G900V using Tapatalk

[iamntrbltwo]

Well. Your creditors will be able to get your new name since I am assuming the 3 cras have your new name and your old name attached to your SS.

 

Sent from my SM-G900V using Tapatalk

 

The credit bureaus don't have my new name yet because I haven't applied for any new credit or places to live etc.

 

Plus debt collectors can't just legally pull my credit file to my knowledge.

[BobWang]

You need good legal advice,

 

changing one's name does not erase debts

 

incurred under the old name.

[moosetracks]

 

Well. Your creditors will be able to get your new name since I am assuming the 3 cras have your new name and your old name attached to your SS.

 

Sent from my SM-G900V using Tapatalk

 

The credit bureaus don't have my new name yet because I haven't applied for any new credit or places to live etc.

 

Plus debt collectors can't just legally pull my credit file to my knowledge.

 

 

Debt collectors can pull credit at anytime on a debt they are attempting to collect,they have PP and can as long as it remains unpaid even past the FCRA reporting limits.

[creditrepair2014]

My guess your records are sealed because of violence or threat of violence against you...

 

New social security # for domestic violence victims... straight from the ss website.... http://www.ssa.gov/pubs/EN-05-10093.pdf

 

and it seems you may have inadvertently done it in the correct order... "If you expect to change your name, please do so before applying for a new number."

Edited May 17, 2014 by creditrepair2014

[nysbadmk8]

Ohhhh yes then can. As a creditor they have permissible purpose to pull. They will find out. You might want to pull your reports. I wouldn't be shocked if you new name isn't already there. Tons of companies report to the cras. Phone bill... electric. Gas bill. Etc etc. Like BW said you need true legal advice here.

 

Sent from my SM-G900V using Tapatalk

[iamntrbltwo]

Ohhhh yes then can. As a creditor they have permissible purpose to pull. They will find out. You might want to pull your reports. I wouldn't be shocked if you new name isn't already there. Tons of companies report to the cras. Phone bill... electric. Gas bill. Etc etc. Like BW said you need true legal advice here.

 

Sent from my SM-G900V using Tapatalk

 

I have credit monitoring, and there's no indication that any of them have my new name. I have a new car (bought prior to the change) and no need to start any new accounts or anything that is going to end up on the bureaus. My spouse keeps the utilities etc. in their name. I don't have a cell phone or any such accounts in my name. The debts don't involve my spouse.

 

If I have to face the collectors fine, but I'm not going to make it easy for them, and I also don't need them putting my new name and old name in court records.

Edited May 17, 2014 by iamntrbltwo

[shifter]

+1 on legal advice.

 

+2 on getting a new SSN.

[BobWang]

You need a good lawyer.

 

Didn't we just have somebody talking about

 

going off the grid?

[iamntrbltwo]

You need a good lawyer.

 

Didn't we just have somebody talking about

 

going off the grid?

The point of posting these questions here is to avoid paying a lawyer, I don't have money to blow on that. And I've already spent a couple of years bouncing around and basically being off the grid, but I have medical care needs that are making that impossible at this point.

 

I've done web searches, but haven't found anything with my circumstances. What I have found is people getting old criminal records sealed and those cases say they don't have to admit to the crimes or put them on job applications, so I figure the same thing would apply to my name change being sealed. I shouldn't have to admit it to anyone for any reason.

Edited May 17, 2014 by iamntrbltwo

[lilyflower]

I don't think any of us have the background to give you the best advice here.

 

However, if you DO qualify for a new SSN I'd suggest getting one. This also helps protect YOU since this sounds like a threat of violence case and makes it harder to track you to the old SSN (which companies other than CAs can do). If you get one you can't be tied to any old debts with the old number/former name I would think. If they were to show up on your credit report with the new name / SSN you can dispute them off as not mine (as clearly the name and SSN do not match).

 

CAs will come after you with the old number - even if you don't apply for anything.

[credithunting]

 

You need a good lawyer.

 

Didn't we just have somebody talking about

 

going off the grid?

The point of posting these questions here is to avoid paying a lawyer, I don't have money to blow on that. And I've already spent a couple of years bouncing around and basically being off the grid, but I have medical care needs that are making that impossible at this point.

 

I've done web searches, but haven't found anything with my circumstances. What I have found is people getting old criminal records sealed and those cases say they don't have to admit to the crimes or put them on job applications, so I figure the same thing would apply to my name change being sealed. I shouldn't have to admit it to anyone for any reason.

 

There are many pro bono legal services available to women who have had violence perpetrated against them http://www.lsc.gov/ and www.safehorizon.org are good places to start. also Google free legal services for violence against women.

Edited May 17, 2014 by credithunting

[LKH]

 

You need a good lawyer.

 

Didn't we just have somebody talking about

 

going off the grid?

The point of posting these questions here is to avoid paying a lawyer, I don't have money to blow on that. And I've already spent a couple of years bouncing around and basically being off the grid, but I have medical care needs that are making that impossible at this point.

 

I've done web searches, but haven't found anything with my circumstances. What I have found is people getting old criminal records sealed and those cases say they don't have to admit to the crimes or put them on job applications, so I figure the same thing would apply to my name change being sealed. I shouldn't have to admit it to anyone for any reason.

 

If you need legal advise, this site will not replace the advise of a seasoned attorney. We can't give legal advice here. We are not lawyers. There are lawyers here as members, but to protect themselves, they surely will not give legal advice on a forum.