Is it a malicious action of Court clerks or judge? Is there a solution?

[R. Brown]

Jurisdiction

New York

Greetings, Having an unusual problem. In an attempt to do a legal name change to obtain a current NY State ID I am being denied by the local court. After several attempts, with my aunt who is a retired attorney trying to help, and denials that don't make sense the court attorney told my aunt that the court clerks are taking out the original documents that we submitted with the file. This is happening at the Richmond County Civil Court at 927 Castleton Ave. in Staten Island. Doesn't it seem like a malicious action to do such a thing? No one I have asked has an answer for this and I need to get my ID and can't wait forever with what seems like a malicious game. What is my next step?

 

[justblue]

Greetings, Having an unusual problem. In an attempt to do a legal name change to obtain a current NY State ID I am being denied by the local court. After several attempts, with my aunt who is a retired attorney trying to help, and denials that don't make sense the court attorney told my aunt that the court clerks are taking out the original documents that we submitted with the file. This is happening at the Richmond County Civil Court at 927 Castleton Ave. in Staten Island. Doesn't it seem like a malicious action to do such a thing? No one I have asked has an answer for this and I need to get my ID and can't wait forever with what seems like a malicious game. What is my next step?

I don't understand...Why do you need to do a legal name change in order to get an I.D.?

 

[Zigner]

Have you reviewed the file to see if the documents that you submitted are there? If they aren't, have you asked the clerk what happened (and showed them your copies marked as filed)?

 

[Zigner]

I don't understand...Why do you need to do a legal name change in order to get an I.D.?

Well...that too

 

[PayrollHRGuy]

You don't mention why you were previously denied just that they don't make sense.

What were the reasons?

 

[R. Brown]

I don't understand...Why do you need to do a legal name change in order to get an I.D.?

Hi and thankyou, the reason I need a legal name change is because when I was 9 my mother remarried but was told by a lawyer to simply send me to school w my step dad's name. It was never a problem until now. I was able to get a social security card and all other id with just a library card and a library card was easy to get

 

[R. Brown]

Hi and thankyou, the reason I need a legal name change is because when I was 9 my mother remarried but was told by a lawyer to simply send me to school w my step dad's name. It was never a problem until now. I was able to get a social security card and all other id with just a library card and a library card was easy to get

also the court attorney said that maybe the clerks removed some of the original documents from the file. The judge has asked to see documents which we already submitted

 

[zddoodah]

Doesn't it seem like a malicious action to do such a thing?

Even if it were clear what "taking out the original documents that we submitted with the file" might mean, the answer to this question would almost certainly be no. What "original documents" are you talking about, and why is the clerk taking them out of the file?

What is my next step?

You'd have to confer with a NY attorney who is familiar with the substantive and procedural law for doing a name change. If, as appears to be the case, your aunt doesn't have the necessary expertise and doesn't want to spend time researching it, then you'll need to find an attorney who knows what he/she is doing.

the reason I need a legal name change is because when I was 9 my mother remarried but was told by a lawyer to simply send me to school w my step dad's name. It was never a problem until now. I was able to get a social security card and all other id with just a library card and a library card was easy to get

The reason why you're seeking a name change isn't relevant to the legal issue, but this doesn't answer the question asked.

 

[Zigner]

The reason why you're seeking a name change isn't relevant to the legal issue, but this doesn't answer the question asked.

Welllllll......
It *might* be. If the purpose of the name change is not one that allows for a name change, then it might be relevant.

 

[R. Brown]

By "taking original documents out of the file" I mean that the court appointed attorney told my aunt who is a retired attorney that court clerks may have taken out some of the documents from the file before giving the file to the judge. Please let me know if more clarification is needed

 

[army judge]

Doesn't it seem like a malicious action to do such a thing?

Not to me, but we all are entitled to reach and hold disparate opinions and views.

What is my next step?

I'm surprised you don't know what to do when something displeases you, or harms you.

Most people will hire a good lawyer to seek a remedy through our great court system.

Perhaps you might investigate hiring one of the many great lawyers on Staten Island, the home of one of my old army pals, Vinnie Villone (or "V2 - the NYC rocket" as we used to affectionately call him).

 

[Zigner]

By "taking original documents out of the file" I mean that the court appointed attorney told my aunt who is a retired attorney that court clerks may have taken out some of the documents from the file before giving the file to the judge. Please let me know if more clarification is needed

Originally, you stated that they DID take out the documents.

 

[zddoodah]

By "taking original documents out of the file" I mean that the court appointed attorney told my aunt who is a retired attorney that court clerks may have taken out some of the documents from the file before giving the file to the judge. Please let me know if more clarification is needed

I greatly dislike asking the same question more than once. Please go back and answer the question I asked in my prior response.

 

[R. Brown]

Original documents include notorized statements, copy of ID. Also asking for aka which was previously submitted. We are trying to understand why these would be removed, why the court attorney would suggest this, why the judge would ask for things that were already submitted

 

[army judge]

Original documents include notorized statements, copy of ID. Also asking for aka which was previously submitted. We are trying to understand why these would be removed, why the court attorney would suggest this, why the judge would ask for things that were already submitted

Anyone living in New York City may bring a name change proceeding in any county in the city. If you dislike Richmond County, you can always use Brooklyn, Bronx, Manhattan, or Queens Counties to seek your legal name change.

It costs a mere $65.00 to change your name legally in Civil Court. You can use the Civil Court's free and easy DIY (Do-It-Yourself) Forms to make an adult name change Petition.

New York City Civil Court

Forms = New York City Civil Court

Adult name change = Adult Name Change Petition Program - DIY Form - New York City Civil Court

Your friendly courts in the five Burroughs have even automated the process:

https://lawhelpinteractive.org/Interview/GenerateInterview/2445/engine

Who Can Use These Programs?

You can use DIY Forms if:

you're a court user and you don't have a lawyer;
you're a legal services provider;
you're a pro bono lawyer.

Pro bono lawyers filing a DIY Form must submit thispro bono affirmation.

You're from a low-bono (reduced fee) program recognized and authorized to use the DIY Form programs by the NYS Courts Access to Justice Program.

You must submit this low-bono affirmation with the filing.

FAQS: DIY FAQ - Frequently Asked Questions - DIY Forms | NY CourtHelp

 

[army judge]

It was never a problem until now. I was able to get a social security card and all other id with just a library card and a library card was easy to get

After September 11 of 2001, things have tightened up considerably.

Back during the 19th century, you could go to prison in Cotton City, AL as Roger Weasel, get out and travel to Unity, UT and call yourself, William Rabbit.

Easy peasy, no paperwork needed.

Throughout the latter 29th century things begin to operate rather loosely, until we hit the middle of the 20th century, when documentation became more stringent.

September 11th of 2001 arrived, and our governmental bodies began to require more documentation, better vetting, and for the last two years with the influx of people trying to penetrate our borders illegally (which isn't immigration), things have gotten tighter.

If things are as you say, there are alternate forms of documents one can obtain to ensure one's citizenship can be proven. I suggest you work with the court to establish your identity and lawful presence in the USA.

An even better form of ID is a passport issued by the US Department of State.

There are ways to establish your citizenship, which you might find even easier than what NY state requires.

This might be informative for you:

Getting or Renewing a U.S. Passport | USAGov

Getting or Renewing a U.S. Passport | USAGov

This makes it easy: Passport Application System

 

[zddoodah]

No one here is in any position to provide insight into what happened in your case. As I mentioned previously, if your aunt can't help you, seek out an attorney who can.

 

[Zigner]

Original documents include notorized statements, copy of ID. Also asking for aka which was previously submitted. We are trying to understand why these would be removed, why the court attorney would suggest this, why the judge would ask for things that were already submitted

Once again: Have YOU reviewed the file to see if the documents you filed are, in fact, missing? If you have, then ave you taken your copies that are marked as filed down to the clerk and asked?