Creditors and Bankruptcy/old debt

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Question
Hi
I intend to change my name for certain circumstances.
I have some old debt that is still hanging around my neck like an albatross. How can I clear my debt and go on to change my name. I live in Canada and the law says that changing your name while carrying debt is against the law. What is the best way to handle this situation. Do you have any advice?

Answer
Hello Rita    

You probably are already aware of the process to change your name.   if you have lived in Ontario for 12 months, you would use the form found at this link.    http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/GetFileAttach/007-1115

The bigger question is whether this will be effective in doing what you intend to do.   It appears that the Canadian law on changing names is very similar to what it is here, except in Canada you have to go through a government agency rather than actually taking your application to the court.    Along those lines, it may indeed be illegal to change your name if you do so with the express purpose of defrauding your creditors but you don't need to rub the creditor's nose in it.   There are plenty of valid and legitimate reasons a person might want to change their name, not all of which could be said to be fraudulent.     Besides, virtually everybody has debts -  which means that just because someone owes money to someone else that doesn't mean that they can't change their name.    


Will changing your name make it easier for you to get new credit?   That's the bigger question and perhaps is the focus of your present problem.   The computer and data tracking has gotten to be sophisticated enough to detect and give warnings on your credit that would still tie back into the credit history problem you are hoping to avoid in the future.   

If I were you, one thing I would not do for sure is to go to one of those credit repair places.    Almost invariably they will not accomplish the results they promise and you will just end up losing hundreds if not thousands of dollars by going that route.   

I am thinking that it still might be possible to clean up your credit report (and give you an opportunity to make a new start) but you simply do not state enough facts to say for sure.    This would be much easier to talk about on the telephone.   If you wold like to call me you can do so anytime at this number.   I will not charge you just to talk on the phone.   

Jack Hall, J.D.
915-261-3893

Creditors and Bankruptcy

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