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Process to change your name is an easy one
Dallas Morning News - June 20, 2002

By Benjamin F. Dover

Dear Ben: My son just turned 18 and now, for personal and emotional reasons, would like to change his last name. There are no legal or financial reasons involved, but it seems that everywhere we go, we get a different answer. How does an adult change his name in Texas?

Sherri L., via e-mail

Dear Sherri: Its pretty easy, at least according to my expert on this, Dallas attorney J. Neal Prevost: "They'll have to file a Petition for Name Change in District Court. Be prepared to file an affidavit saying they've never been convicted of a crime and are not changing their name to avoid creditors. Plus they'll have to attend one hearing."

If you have any other questions about the process, check out his Web site: www.prevostandshaff.com.

Dear Ben: A collection agency called me to try to work out a payment plan on an old credit-card debt of $4,700. They wanted me to send them six post-dated checks for $78 each. As soon as I agreed, I started having second thoughts, especially when they started drilling me with: "You must send the post-dated checks by 5 p.m. tomorrow by overnight mail.”

Can I send them your famous "cease and desist" letter and then deal directly with the original creditor?

Elaine, via e-mail

Dear Elaine: Never, EVER deal with a third-party debt collection agency. Anytime anyone starts popping off with demands, deadlines and other assorted threats and ultimatums, that's your cue to end the conversation. The "cease and desist" letter you're referring to is just the ticket.

You have the right under federal law to fire a third-party debt collector. The Fair Debt Collection Practices Act allows consumers to notify a debt collector that their services are no longer desired. Fire off the letter via certified mail and then go make a deal with the original creditor. Get a free copy of the cease and desist letter verbiage here: www.bendover.com/adiosbottom feeder.asp

Dear Ben: I received a somewhat threatening letter from an insurance company recently. In the letter, the representative for the opposition's insurance company says our recent auto accident was my fault, which is simply not correct.

How should I respond? Should I just let my [insurance] company take care of it?

Frustrated via e-mail

Dear Frustrated: I know there's a temptation to try to handle "little things" on your own and without involving your insurance company. Fear of higher premiums or cancellation is the usual motivation for being so gosh-darned self-sufficient. But in some situations - especially if multiple vehicles and excessive potential finger-pointing are involved - your insurance company strategy can be summed up in five words: Let them earn their fee.

You don't settle accident claims for a living, they do. You're not used to being threatened with litigation, they are. You pay good money to your insurance company to be insured and prepared for situations such as this. Not only are they obligated to fix damaged vehicles and property or pay medical bills and other associated claims, but they're also contractually obligated to defend you in court if you're sued.

Call your insurance company immediately, and chill.

Dose of Dover for the Week: I’m a huge fan of self-help books, as long as they're good self-help books. At the risk of breaking my arm patting myself on the back, I want to mention that I just finished the update of my book Back Off. (the new edition will be out 6y the end of the summer). In the meantime, there are other books targeting consumer challenges that you might want to investigate.

A worthwhile Web site to bookmark is www.halt.org, the home page of Americans for Legal Reform. They've got a slew of titles coveting the most popular legal needs; one of their more controversial topics covered includes instructions on how to sue your attorney: Using An Attorney ­ And What To Do If Things Go Wrong and a related (festively titled): If You Want To Sue A Lawyer. Order these and other like-minded tomes online, or call toll-free 1-888-FOR-HALT.

Benjamin Dover, author of Life After Debt and Back Off!, is the consumer expert on News 8 at 9/Good Morning Texas on WFAA-TV (Channel 8). Send questions via e-mail or write to him at The Dallas Morning News, Texas Living section, P.O. Box 655237. Dallas, TX 75265 . You can listen to his live radio show from Los Angeles at www.bendover.cam/live.asp.