Asked in Uncategorized for New York

Q: Can I change my name while multiple credit card companies are suing me?

Hello, I am planning on changing my name legally (for personal reasons), but before the process is over, multiple credit card companies will sue me for non-payment and I will not show up to court because I will not be paying my debts because I will be leaving the country and never coming back, will this hinder my ability to change my name?

(I'm not changing my name to evade my debt, but because of family issues)

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2 Lawyer Answers
James L. Arrasmith
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A: Changing your name while facing lawsuits from credit card companies for non-payment is possible, but there are some factors to consider. The name change process itself is generally separate from civil lawsuits and debt collection. Courts typically focus on ensuring that the name change is not for fraudulent reasons, such as evading creditors, but if your reasons are personal and unrelated to the debts, the court may approve the change.

However, it's important to know that a name change does not erase your existing debts or obligations. Creditors can still pursue collections and lawsuits against you, even under your new name. If you choose not to appear in court, judgments may be entered against you by default, which could impact your credit and any future financial dealings, regardless of your name.

If you do plan to leave the country permanently, consider how any outstanding legal issues or debts in your current name might affect your situation abroad. Depending on where you move, international treaties or agreements could enable creditors to pursue you. It's a good idea to think through these implications and perhaps consult with someone who can offer advice tailored to your circumstances.

Tim Akpinar agrees with this answer

A: As my colleague correctly advises, the name change and collection processes are separate. From your post, it looks like your reasons are personal, and not for evasive motives. However, that doesn't change the fact that it could be a case of bad timing in terms of the appearance of things. It could be worthwhile to seek guidance here. Good luck

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