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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6495
Experience:  Spanish Attorney
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If you bring a civil claim to the Spanish court using an old

Customer Question

If you bring a civil claim to the Spanish court using an old name that is no longer your legal name, is the successful outcome of that claim null and void if the court is later informed the name used was not the current legal name?
Submitted: 5 days ago.
Category: Spain Law
Expert:  José M. replied 5 days ago.

Its could be a problem if somebody says to the court but no so big to make the procedure null as you cpuld get a time to probe where the problem comes and who you are José M spanish atorney

Customer: replied 5 days ago.
Hi, i don't really understand your response.
Are you saying I could notify the court my name was not legal and therefore the successful outcome is nullified?
Customer: replied 5 days ago.
I am the only person who knows this fact and it may suit me to nullify the case i won back in 2015
Expert:  José M. replied 5 days ago.

Well If you are the demander and it happens if somebody ask to clrify judge just call you to do it and thats Will be all

Customer: replied 5 days ago.
Nobody will ask as nobody knows. I am the demander. I won. But i would like to nullify the case by my own declaration. If i do this, will the judge declare the case null and void?
Expert:  José M. replied 5 days ago.

No, its just something to be clarified If you Want to void the procedure you can any time

Customer: replied 5 days ago.
The procedure was concluded in 2015. In my favor. I'd like to know if i can null and void the case as i used an illegal name.
Expert:  José M. replied 5 days ago.

No You can no do that Sorry for that

Customer: replied 5 days ago.
Ok. So to clarify, under Spanish law, successful civil claims are valid even if you use a fake name?
Expert:  José M. replied 5 days ago.

If fake name becomes real not

Customer: replied 5 days ago.
I used name "A" in the proceeding, in 2015 i was name "B" and i still use my legal name "B". I was no longer name "A" from 2012. So is the ruling legal?
Expert:  José M. replied 5 days ago.

Yes it is until judge say its not. And you can no go to judge to ask for it

Customer: replied 5 days ago.
Ok. I think i understand. If someone else goes to the judge and informs them the name was not legal, then the judge can void the case (at the judge's discretion)
Expert:  José M. replied 5 days ago.

But civil case require a right on it No everybody could. You got it

Customer: replied 5 days ago.
i need a lawyer to go to the court and request the case (that i won) be cancelled, can you do this ? The court is in Province of Cadiz
Expert:  José M. replied 5 days ago.

But if you do, judge will ask and them you will have to answer anyway .....