Wednesday, October 28, 2015

Name Change in NJ

KENNETH VERCAMMEN &
ASSOCIATES, PC





















ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500

Legal Fee $1,900, due within 7
days
Consult only $150
Name Change Questionnaire
NAME
__________________________________________________

ADDRESS
______________________________________________

CITY
______________________ STATE ____ZIP _____________

CELL-PHONE
___________________________________


E-MAIL
ADDRESS ___________________________________________

1.
Applicant is the plaintiff and resides at the address:___________
2. The
applicant is a citizen of the United States of America. YES___   NO___
3.
Plaintiff's social security number is __________.
4.
Applicant was born on __________ at __________.
5.
Applicant is the son/daughter  of ______
and ______ (A copy of the birth certificate is attached).
6.
Plaintiff was raised by _______________. 
Applicant's current occupation is that of ______________.
7.      Plaintiff has since childhood been
identified by the name of ____________________
8. Has
Applicant been married?  YES___  NO____
9. No
judgments have ever been recovered against the applicant; no bankruptcy or
insolvency proceedings have been instituted affecting the applicant; and no
suits are now pending against the applicant. Yes___ No_____                 [rev
9/18/14]
10.
Applicant has not been convicted of a crime within the last 10 years. There are
not any criminal charges pending against applicant. Therefore, no notice is
required to the County Prosecutor or Attorney General.  Yes___ No_____
11.
This application is not made with the intent to avoid creditors or criminal
prosecution or for other fraudulent purpose. 
Yes___ No_____
12.  Plaintiff - has ___    has not ___ made previous application to
assume another name.
13.
Applicant desires to change applicant's name to _________
14.
Plaintiff requests this name change for the following reasons:
A.
___________________________________________

_____________________________________________

_____________________________________________

___________________________________________

Name Change : SERVICES TO BE
PROVIDED AND LEGAL FEE
1. Office interview with client,
office consult fee is $150.00, which is included in the Name Change fee.  2. Review Name Change Questionnaire filled
out by client. 3. Obtain information such as name, address and telephone
number.
4. Obtain information regarding
details of Name Change
5. Attend to opening of file.
6. Preparation of draft Verified Complaint Including
Certification of Plaintiff for Name Change
7.      Preparation of Order Fixing Date of Hearing for Name Change
8. Prepare letter to client
enclosing drafts for client to carefully read.
9.      Preparation of Newspaper Notice
10.    Preparation of letter to The Home News & Tribune
11.    Preparation of Final Judgment for Name Change
12.    Travel to County Courthouse and appearance in front of Superior
Court Judge
13.    Preparation of letter to Department of Treasury
14.    Preparation of letter to Vital Statistics
15.    Preparation of letter to Motor Vehicle Commission DMV with Judgment
16.    Office conference with client
17. Provide free information
brochures on Wills, Power of Attorney, Living Wills, Answers to Questions about
Probate, Website/ Elder Law on the Internet website www.njlaws.com other
brochures.
18. Provide bi-weekly computer
email newsletter with updates on Probate, Insurance, and Free Legal
Information.
19. Preparation of end of case
letter to client
Legal fee for
Name Change- $ 1,900 includes court appearance.
Please make Checks payable to Kenneth
Vercammen, PC.
  Visa, Master Card and American Express
accepted. Please pay the front desk legal secretary at first meeting.  Payment is required prior to any
documents being drafted.
Other costs: Superior Court Filing Fee
$200.00 Payable to Superior Court of NJ
Newspaper
Publication Fees $ _________ Depends on newspaper
The newspaper
will send a bill and you prepare a check payable to newspaper, not to exceed
$190.  Usually the Home News Tribune
Check for
$10.00 payable Treasurer, State of NJ for certified copies after Order granted
Department of
Treasury $50  Payable to Department of
Treasury to file
Please write out checks and give
to law office. These checks are needed to file documents. This is not included
in the legal fee.
[Note-
After the Complaint is typed, there is a minimum $50.00 additional charge for
each change  not set forth in the
Questionnaire filled out by clients at the initial consult.  The Complaint needs to be signed within 21
days of initial consult or additional fee will be charged. There is an
additional $50.00 charge for canceled, rescheduled, or missed signing
appointments.   The fee paid is non
refundable.


Name
Change



New Jersey Rules and
statute have set up a detailed procedure for someone to legally change their
first name, last name or both. Using an experienced attorney, you can have a
new name approved by the Superior Court with only one court appearance.
Sections 2A:52-1 et seq. of the New Jersey Statutes, and Rule 4:72 of the New
Jersey Court Rules set forth certain legal requirements your attorney most
follow. The following information must be provided by you to your attorney so
it can be supplied to the Court by way of Complaint. 1. Current name and
address _______ 2. Age of ____ years and was born on ____ at ____ New Jersey,
parents ____ (attach a birth certificate) 3. Applicant’s current occupation
is that of ____. . 4. The applicant is a citizen of the United States of
America. 5. Marriage status 6. Children _____- 7. The name and residence of
applicants nearest living relative is ____ 8. No judgments have ever been
recovered against the applicant; no bankruptcy or insolvency proceedings have
been instituted affecting the applicant; and no suits are now pending against
the applicant. 9. No previous application has ever been made by the applicant
for leave to assume another name. 10. Applicant desires to change applicants
name to ____________ for the following reasons: A. ____ ____ ____ ____ ____
____ ____ ____ ____ 11. This application is not made with the intent to avoid
creditors or criminal prosecution or for other fraudulent purpose. 12.
Applicant has never been convicted of a crime. 13. There are not any criminal
charges pending against applicant. Therefore, no notice needs to be served on
the County Prosecutor or Attorney General. 14. The social security number is
____
FILING THE COMPLAINT The
complaint must be signed by the applicant in front of their attorney. Your
attorney will prepare a Order Fixing Hearing for Name Change. The complaint
and Order are filed in the Superior Court. The Order will be signed by the
Judge setting forth the date to come to court and other legal requirements,
such as publication and notice. Your attorney will submit the Order for Hearing
to be published in a newspaper of general readership, such as the Home News
Tribune. Proof of publication must be filed with the court. A proposed
Judgment for Name Change is forwarded to the Judge to be signed if the
approved.
HEARING AND JUDGMENT FOR
NAME CHANGE
On the date selected by
the Court the matter will be opened to the Court on the Complaint of the
Plaintiff, the plaintiff having appeared by their attorney seeking a judgment
allowing him/her to assume the new name. Following questioning of the
applicant and it appearing from the Verified Complaint that the plaintiff
complied with the requirements of the statute in such case made and provided,
and it further appearing that after notice of the hearing was duly published,
no reasonable objections were made thereto, and for good cause appearing, the
Court should approve the name change. However, the work by your attorney is
still not done. The Judgment for Name Change must be signed the Judge. Your
attorney shall cause to be published in the Home News & Tribune or
another newspaper a copy of the Judgment; Within 20 days after the entry of
the Judgment, your attorney will cause to be filed a certified copy of the
judgment, together with an affidavit of publication, with the Clerk of
Middlesex County, as well as the Secretary of the State of New Jersey,
pursuant to the statute and rules.
The Applicant should
forward copies of the Courts Judgment for Name Change to change their name on
legal documents and identification such as Drivers License, Social Security
Card and birth certificate.
Name change statute in
2002 2A:52-1. Action for change of name 2A:52-1. Any person may institute an
action in Superior Court, for authority to assume another name. The complaint
for a change of name shall be accompanied by a sworn affidavit stating the
applicants name, date of birth, social security number, whether or not the
applicant has ever been convicted of a crime, and whether any criminal
charges are pending against him and, if such convictions or pending charges
exist, shall provide such details in connection therewith sufficient to
readily identify the matter referred to. The sworn affidavit shall also
recite that the action for a change of name is not being instituted for
purposes of avoiding or obstructing criminal prosecution or for avoiding
creditors or perpetrating a criminal or civil fraud. If criminal charges are
pending, the applicant shall serve a copy of the complaint and affidavit upon
any State or county prosecuting authority responsible for the prosecution of
any pending charges. A person commits a crime of the fourth degree if he
knowingly gives or causes to be given false information under this section.
Amended 1981,c.362,s.1,
1993,c.228,s.1.
2A:52-2. Effect of
judgment, copy to State Bureau of Identification
2A:52-2. Such person,
from and after the day specified therefor in the judgment in the action,
shall be known by the name which, by the judgment, he is authorized to
assume, and by no other. The judgment for change of name shall include the applicant’s
social security number and date of birth. The clerk of the court shall
forward a copy of the judgment to the State Bureau of Identification in the
Division of State Police if the person has been convicted of a crime or if
there are criminal charges pending against him.
Amended 1981,c.362,s.2;
1993,c.228,s.2.
2A:52-3. Effect of
change of name on actions or other proceedings No action, or other legal
proceeding commenced in his former name against any person whose name shall
have been changed pursuant to the provisions of this chapter shall, by reason
of such misnomer, be abated, nor shall any relief of recovery sought thereby
be prevented.
2A:52-4. Correction of
record of birth or marriage Upon the receipt of either of the following
documents:
a. A certified copy of a
judgment permitting a change of name; or
b. A certification
issued in connection with a naturalization proceeding authorized by Act of
Congress that a change of name was permitted by decree or order of a court
vested with jurisdiction to naturalize persons as citizens of the United
States; together with a request for correction of an existing record of the
birth or marriage of the individual, the State Registrar of Vital Statistics
or local registrar of vital statistics shall adjust the record or records to
show the new name and the date and manner by which obtained. When the request
and such copy or certification are received by a local registrar, he shall
forward them to the State Registrar after having adjusted his local record.
In the event the name of
any child or children shall be permitted to be changed in the naturalization
proceedings of the parent of such child or children, the certification of the
parents naturalization record or proceedings disclosing such change of name
of such child or children shall be sufficient authority for the State
Registrar of Vital Statistics or the local registrar, as the case may be,
upon request, to correct the birth certificate or marriage certificate of
such child or children in the same manner as provided for the correction of
the parents birth certificate or marriage certificate. The fee to be paid a
local registrar or the State Registrar for each birth certificate or for each
marriage certificate so corrected shall be $2.00. Any certified copy of a
record changed as provided for in this chapter shall show the name at birth
or marriage and the new name and date and manner by which obtained, but upon
request shall show only the new name.
Amended by L.1955, c.
249, p. 927, s. 1; L.1958, c. 81, p. 521, s. 1, eff. June 24, 1958; L.1983,
c. 275, s. 1, eff. July 18, 1983.




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