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Subject:
Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
Category: Relationships and Society > Law Asked by: mattiem-ga List Price: $15.00 |
Posted:
03 Aug 2006 14:59 PDT
Expires: 02 Sep 2006 14:59 PDT Question ID: 752310 |
Is it legal to enter into a contract using an "assumed name" or "alias" with NO intent to commit fraud? I have a friend who wants to join a local community group that I'm a part of. This person is very conscious of their privacy, and doesn't like to use their legal given name unless absolutely necessary. Our self-proclaimed "lawyer" in the group claims that we must insist that all members use their real names or the application is null and void legally. The organization is set up so that members pay a fee at the beginning of each year to recieve a share of vegetables that are delivered by a local farmer. Each member signs a sheet that says that they understand they will get vegetables each week and that they must pick up the vegetables or they will lose them. It seems that I've heard somewhere that it's okay to use an assumed name, or alias as long as your intent isn't to commit fraud. i.e. I can use my nickname of "Matt" instead of "Matthew" to sign up for things. The question is, can I use the name "Bob" to sign for something, if I represent myself as "Bob"? I'm looking for any kind of information that might help me to determine if it is indeed a legal problem if we allow people to sign our "contract" using a non-legal name. Would this still be an "enforcable" contract if we had to go to court? (don't ask me why in the world we would go to court over vegetables, but...) |
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There is no answer at this time. |
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Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: keystroke-ga on 03 Aug 2006 15:07 PDT |
From what I have read recently and I feel this mainly relates to marriage based name changes. You are allowed to use ANY name you so desire, without intent to commit fraud, IF that name is to be your permanent name at all times. If you can prove that the person signed the paper and it his copy of the "Mickey Mouse" signature (take a pic of them signing it perhaps) then this may have more weight. Please do not take this as the definitive answer. --Keystroke-ga |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: myoarin-ga on 04 Aug 2006 02:57 PDT |
Does the group record ID when someone joins? Are there bylaws that require this? If not - even if ID is presented for identification - I suspect that a member's using an alias would not upset the legality of the group. (He or she could have presented ID in the name of the alias.) The person personally might be open to some sort of charge by the organization if the person did not pay bills or breached the bylaws in some other way, but if not, it would seem to me to be a personal matter if the individual. OF COURSE, this is no legal or professional advice. |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: markvmd-ga on 04 Aug 2006 05:18 PDT |
This becomes a problem if/when there is argument about the contract. The use of an alias or other false name might be able to be used as evidence against the signer. |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: mattiem-ga on 04 Aug 2006 06:52 PDT |
At this point there are no bylaws in our group that requires people to use their legal names. However, one of our volunteer members is a lawyer and is telling us that we should require people's legal names so that the contract can't be thrown out. The whole question came about when a local community member, who goes by the name X commonly, signed up for the group and put his nickname instead of his "legal" name. We all know him by his nick name, and each week he signs for his vegetable pick-ups using said nickname. He consistantly represents himself as X and isn't trying to commit fraud, just is sensitive about his privacy. It just seems laughable to me that a judge would declare the contract not binding just because he isn't using his legal name. We don't check anyone's ID's in the group but just assume they are how they represent themselves. If he signs the contract as X, pays as X, gets a reciept as X, and signs every week for his veggie pick-up as X, then if he were to "sue" us (God only knows why anyone would sue our community group over $10 worth of vegetables but...) wouldn't it still be a binding contract? My bank for example lets me use a nickname on my checks, isn't that also a "contract"? Thanks for the responses. |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: mattiem-ga on 04 Aug 2006 07:08 PDT |
Actually, it seems that if he were to sue us he would have to do so as X if he were to try and hold us to said contract. If he sued us as Legal Name he'd have no basis for any claims because he wouldn't have any reciept, contract, nothing that relates to "Legal Name" at all. It does seem like if we were to initiate a suit against this person that we may need to prove that X was indeed Legal Name. But I think that would be easy to do since we all know each other, and see each other every week at our community group meetings and vegetable pick-ups. The contract basically reads: If you don't pick up your vegetables, you lose them. By signing up you agree to volunteer for 3 hours this year. Your fee is non-refundable. If you don't pay, you don't get veggies. |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: frankcorrao-ga on 04 Aug 2006 10:12 PDT |
IANAL, but I would guess that if you sign a contract with a bogus name, it would be voidable by the other party(ies) but not by you. The law on contracts and such usually makes sense, in my experience, and this makes sense to me. |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: nelson-ga on 04 Aug 2006 11:00 PDT |
Your friends sounds like a nut job. Does he live in a cave in Montana with no modern accoutrements? I think the organization is right. Privacy is a good thing, but someone who is that paranoid has something bad to hide. |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: brightredshoes-ga on 04 Aug 2006 15:47 PDT |
Yes, it is legal. Otherwise people would sign contracts with assumed or false names in order to get out of performing the contract. |
Subject:
Re: Use of an "assumed name" or an "alias" on a contract? Is it enforcable?
From: frde-ga on 05 Aug 2006 06:25 PDT |
His behaviour seems a bit odd However, you all seem to like and trust him, so you might as well indulge him A small sealed affadavit that: Fatso(2) on the doc is the agreed signature of John P Whatever should be enough to satisfy his strange request, and cover minor disputes. Actually, just a few people signing something else saying that they witnessed John P Whatever agreeing in good faith and signing as 'Fatso' would cover things. USA laws are pretty similar to UK laws, and contractual intent (or the appearance) is rather important. |
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