If it reasonably appears to be genuine and to relate to the individual, you may accept the document. If you are simply correcting a child's name on a birth certificate, gather at least one piece of evidence to show the correct spelling of the child's name, per state requirements. If the spelling of the signer’s name on the ID does not match the spelling of the name on the document, take the following steps before you notarize: 1. Updated [4/19/18]: Please note that in order to make a correction to your birth certificate you should reach out to the correction/amendments department at the vital records office that issued the original birth certificate. I have spelled my first name differently than the spelling I was born with for over 40 years. I am 52 years old and my entire life for all legal documents I have spelled my first name Drumine. Name Changes and REAL ID. 2. The same applies once you receive the I-766 card, Employment Authorization Document (EAD), from the U.S. People commonly change their names legally due to marriage, divorce or other reasons. Instead, first ask yourself if you can reasonably rely on the other elements of the ID to identify “Walt.” If, for example, the picture and physical description clearly match your signer, a reasonable person would likely say that “Walt” and “Walter” are the same person. Get access to support, networking, and discounts as an NNA member. What do I do? your U.S. birth certificate showing the correct spelling of your last name). my legal name at the 2nd marriage would have been BASS. A legal name is the name that identifies a person for legal, administrative and other official purposes. All Rights Reserved. 3. Name incorrectly spelled on court documents? • Then REMARRIED the same man and Became Cole again on Feb 22, 2013. It’s important to be careful in these situations, as there have been cases where dishonest sons with the same name as their father have tried to fool Notaries by signing using their father’s name instead of their own. The validity of the new, corrected passport depends on when you report the error. Using the form for the wrong year (Use the form for the tax year, not the year you are completing the form) You can't print a W-2 form or 1099-MISC form from the internet. Although a wholesale change to, say, a victim’s name is often impermissible, a change to the defendant’s name doesn’t create the same type of notice concern. This probably doesn’t run afoul of the legal limitations on amendments. ): as long as it is clear whom the person is, the bank should honor it. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Divorced September 13,2011. The unofficial spelling is - Answered by a verified Lawyer ... My first and middle name are spelled wrong. You then could complete the notarization by writing the name appearing on the ID in the notarial certificate, since that is the only name for which the Notary has satisfactory evidence. Some also use casual or formal variations of their names in different circumstances. The signer can ask the agency issuing or receiving the document if it’s OK to sign using an “also known as” or “AKA” signature. You must buy a standard form with Red printing. The law is very clear that a harmless error, like spelling a name wrong, or adding a middle name when someone does not have one, does not invalidate the summons, ticket, warrant, judgment, etc. You will not have to submit any fees. This involves paying a fee. However, remember that a Notary should never instruct a signer to sign using an “AKA” signature — the signer must ask the appropriate agency to confirm if this is acceptable. driver’s licence, passport, birth certificate and marriage certificate (if applicable). Your Cookies are Disabled! In some cases, a signer’s last name may appear differently on different documents for reasons such as marriage, divorce, cultural custom or professional identity. For example, a married woman’s full name might appear as “Maria Cortez-Nelson,” but at her job she regularly signs documents as “Maria Nelson.” Similarly, individuals of certain nationalities may have multiple names. Learn more. It might be enough to provide a notarized letter from a parent citing the correct spelling if … If the signer says the misspelling is due to an error on the document, postpone the notarization until the signer can have the document corrected. And reasonable reliance is a good standard for Notaries everywhere to use when dealing with signer name discrepancies. Federal REAL ID regulations require that if your current full legal name is different than what is shown on your proof of identity document (usually a birth certificate or passport), you must show legal documentation of the change to PennDOT when applying for a REAL ID. When identifying any signer, your task is to reasonably determine from the identification presented that the individual is who he or she claims to be. They will be able to assist you in making the change. Another way to prevent getting this page in the future is to use Privacy Pass. You name must be spelled correctly on all documents relating to a case otherwise it will automatically void the document. However, if the name difference is significant enough to call the signer’s identity into question (such as the name “Jeremy” appearing on the document while the signer’s name is listed as “Jermaine” on the ID), then ask the signer to explain the discrepancy. There is no charge for a Social Security card. 3. If you are asking if the summons and complaint are legal if his names are misspelled, the answer is yes, if the plaintiffs can identify him by other means. However, two states — California and Florida — have language in their statutes that can be helpful. My maiden name is Bass, I married and it became Cole. But if, for example, the correct person was John Jones and the Summons said Tim Smith, then that is more than a mere typo. My problem is that when we applied for the marriage license I had the DL that still had my name as COLE. “What do I do if the signer’s name on the document doesn’t match the name on the ID?”. The folks at Social Security are used to dealing with name changes and discrepancies of all kinds. The incorrect spelling of a name, or if your name has changed such as through marriage, would not invalidate that gift to you as long as it is clear that you are the intended beneficiary. This means no hard-and-fast rule can be applied to every situation. 9350 De Soto Avenue, Chatsworth, CA 91311-4926, The Names in The Document and Identification Don't Match, Understanding Notary Certificates and Seals: Vital Notary Know-How. Name Change (Marriage, Divorce or Legal Court Order) for REAL ID Credential Bring your current REAL ID driver license, learner permit, or non-driver identification card and Social Security card (reflecting your name change) along with one of the following original documents: Certified marriage certificate (name change due to marriage) 4. ... Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc. When you send your N-565, you should send a copy of your N-400 (if you kept a … Tell the signer you can’t complete the notarization until the error is corrected. If you encounter this situation, here are some steps you can take: 1. Answers to Questions Notary Signing Agents are Asking Today, Being a Team Player in the Loan Closing Process, Remote, Electronic & Traditional Notarization, Notary Public Code of Professional Responsibility, US Notary Reference Manual (members only). Check to confirm that the physical description and photo on the ID matches the signer appearing before you. While it’s still possible that he’s simply gained weight and changed his appearance since the ID card was issued, it’s still reasonable for the Notary to be concerned that “Walt” might not be the same person shown on the ID. The IRS will reject forms that aren't machine-readable. The words “reasonable reliance on the presentation” are key. One of the more common issues arises when Notaries are presented with documents in which the signer’s name appears with the last name suffix “Jr.” or “Sr.”, but the suffix is missing on the signer’s ID. Imagine a signer hands you an ID identifying him as “Walt,” but he signs the document with the name “Walter.”. However, it was found that because the name change on the contract was in the name of CCEL, and this was something that had been requested by Liberty, it … Ask your employee to use his or her full legal name in Section 1. ), or to establish a professional-client relationship. If the discrepancy is a shortened form or nickname of the signer’s full name (such as “Walt” for “Walter” or “Ed” for “Edward”), confirm that other information on the ID allows you to reasonably verify the signer’s claimed identity. Quite often I come across sellers, testators and mortgagors wherein their names are incomplete or otherwise different from their identification documents (ID) i.e. However, differences in personal information such as name or date of birth may result in problems in other areas, such as renewing your driver’s license and filing tax returns. If a signer has a hyphenated or multi-part last name on their ID, but only part of the name appears on the document (or vice versa), here are some options: 1. Can you just notarize it anyway?”), don’t do it. It would depend on how wrong it is; if a mere typo, then no. At best, a law will say the signer’s ID must be on a list of acceptable IDs or must contain certain core elements such as a photograph, signature, serial number, and physical description. 2) A "scrivner's error" does not invalidate a POA (or contract, will, etc. My name was spelled wrong on a Notice of Civil Claim against me in the BC Supreme Court. Second, the state can move to amend the charging document to reflect the defendant’s true name. It is best to resolve the differences sooner than later. In any given courtroom throughout the U.S., there are thousands of pages of legal documents filed every day. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. The name discrepancy should not automatically cause you to reject the ID. Changed my name back to Bass. 2. Both state’s laws specifically say that satisfactory evidence of identity means “reasonable reliance on the presentation” of any one acceptable ID listed in the law. The spelling of your name is critical when preparing any legal … If the signer lacks such ID (for example, a signer who has recently changed her name due to marriage or divorce may not have changed her name on her ID), some states may permit the signer to be identified using one or more credible witnesses. The implications of incorrectly spelling your name!! Join the NNA, for updated information and the latest industry news. The other documents were in the name of (or had been entered into by) three different parties (Cuddy Group, CDDL, and CCEL). Identifying signers may require you to exercise some judgment. Just wondering how much importance is put on spelling in legal documents. • Ask if signer has an alternate, acceptable form of ID with the correct name and suffix. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Your IP: 75.119.212.149 say the name is "John Curtin" but it was mispelled "John Curtaine"--as long as from the other information in the POA and context (e.g. Submit form by mail with your passport, one color photo, and evidence of the error (e.g. In order to legally change your name, you must file a Request for Name Change along with a few accompanying documents with the clerk of the circuit court in the county in which you reside. Cloudflare Ray ID: 61f799cf6fc2fda9 Ask the signer for an alternate, acceptable form of written ID that matches the name as it appears on the document. A foreign-born person’s legal name is the name shown on his or her immigration document (includes hyphens and apostrophes). While you are not expected to examine a signer’s document except to provide information for your journal entry, be careful if you notice an obvious discrepancy. Legal documents are often the proof of veracity of identity of a person. If the discrepancy is a shortened form or nickname of the signer’s full name (such as “Walt” for “Walter” or “Ed” for “Edward”), confirm that other information on the ID … Learn how to make corrections in legal documents and tax forms. If the signer claims there’s an issue with the name on the ID, ask the signer to produce an alternate, acceptable form of written identification with the name in question. Just one letter wrong, they put an 'i' instead of a 'y' in a claim and judgment. NationalNotary.org sets cookies on your computer to help improve performance and provide a more engaging user experience. The only time you may process an SSN application in a name that does not agree with the name shown on the immigration document is if the person legally changed his or her name after the immigration document is issued. If you have reasonable concerns the signer isn’t who they claim to be, don’t proceed. By completing this application, you're requesting that the court legally alter the spelling of your name to the spelling reflected on the form. Typically, you can change your name, or the spelling of your name, to whatever you desire. This service is free. Check out the Notary Bulletin for more tips and training or call the NNA Hotline toll free at 1-888-876-0827 (NNA Membership or Hotline subscription required). Taken together, the name and description differences could make it hard for you to reasonably rely on the ID to identify Walt. Most legal documents, contain, at the minimum, details pertaining to name of the person, date of the birth, permanent residential address and some relation specifics such as names of guardian or spouse. You can correct the spelling of the name on your green card by requesting a correction on an Application to Replace Permanent Resident Card (Form I-90). Visit your local county clerk's office or court and obtain an application form to petition for a name change. For example, if the document lists a “John Doe, Sr.,” applying for retirement benefits, but the signer appears to be in their early 20s, that’s a warning sign something may be amiss. While ID is the best way, if the signer does not have the name spelled out as the document states, as long as the Notary is convinced, then it is OK. If you legally change your name because of marriage, divorce, court order or any other reason, you must tell Social Security so you can get a corrected card. If a signer asks you to proceed with a notarization despite a discrepancy with the name as it appears on the document (“Oh, they put my father’s name on the document by mistake. Procedures to correct an incorrect name on a marriage certificate vary by location and by the amount of time that has passed since you received the certificate. Or, depending upon state law, the signer may be able to present one or more credible identifying witnesses who can vouch for the signer’s identity in the name as it appears on the document. Performance & security by Cloudflare, Please complete the security check to access. The defect must be fatal. The addition of the middle name, assuming that you are … Your best course of action for the long-term is probably to have your name legally changed and then update your birth certificate. Acknowledgments and Jurats - What's the Difference? by Suzanne Hindmarsh | Feb 16, 2019. If so, the signer would sign the document using a format such as: “(Name appearing on the ID), also known as (name appearing on the document)”, “(Name appearing on the ID), AKA (name appearing on the document)”. When you filled out your N-400 Application for Naturalization, you spelled your name correctly and you sent USCIS your birth certificate showing the correct spelling of your name. Complete Form DS-5504. Ask him or her to do one of the following: correct Form I-9 and initial the change; provide a different document with the correct spelling; provide you a corrected document. If you spot an inconsistency or error (such as a driver’s license presented by an obviously elderly signer that lists his age as 22), stop the notarization. You cannot apply for a card online. 2. Sometimes a foreign national’s name will be spelled incorrectly on immigration documents, such as their green card. In my opinion, a translator should stick to the source text because that is … However, if “Walt” is 75 pounds heavier and sports a shaved head, a beard and glasses, it’s much harder to be sure if he’s the same person in the ID photo or not. What if my employer spelled my name on my w-2 wrong but my SSN is correct, can I still file or do need to wait for a corrected copy While you can probably file … Citizenship and Immigration Services … National Notary Association. This is one of the most common questions Notaries ask our NNA Hotline Team — but it’s also one of the toughest to get a clear answer for, because most states don’t address it in their statutes. You may need to download version 2.0 now from the Chrome Web Store. While you always must follow these rules, they don’t address some of the real practical issues that arise when a name on a document and the name on the ID don’t match exactly. If ever I have something like a certificate and a name is spelled differently, I always type the name exactly as it is on the source document and write (sic) after that name to show that there appears to be a mistake. E.g. In cases where the document name and ID name do not agree, Notaries can use this information as a guide to resolve name discrepancies. Regardless, however, you should also be aware that Judges usually don't do anything without a … If the signer cannot explain or remedy the name discrepancy to your satisfaction, stop the notarization. Misspellings of names are not fatal, unless, perhaps, there are people in the same family and the misspelling raises a genuine issue of confusion about which person was supposed to be charged... 0 found this answer helpful Please enable Cookies and reload the page. By using this site, you accept the terms of our cookie policy. Together, the name discrepancy to your satisfaction, stop the notarization until the error ( e.g member. They put an ' I ' instead of a person reasonably rely on the ID matches the signer ’... The future is to use his or her full legal name is critical preparing! Description and photo on the presentation ” are key am 52 years old and my life. Different circumstances your computer to help improve performance and provide a more engaging user experience also use casual or variations. 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