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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I was divorced in May of 2005 in Williamson County, Texas.

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I was divorced in May of 2005 in Williamson County, Texas. I now live in Cibola County, New Mexico and am remarried.
My ex-husband had agreed in the divorce settlement to pay off and close a Citybank credit card - - well, he paid it off but did not close it. He started using it and didn't pay his bills, now it is in charge off. With my name still on the account.

He told them he is responsible but he has not paid it off ( can't I'm guessing ) to the tune of 5400.00. He will not speak to me.
I need to refinance a house and this is really going to hurt my credit rating.
Can I take legal action - contempt and then sue if needed - here in New Mexico or do I have to do this in Texas?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

You can file for contempt if the order specifically says that he would close it (as failure to abide by the order is grounds for contempt), BUT a contempt action HAS to be filed in the same court that entered the order.

ScottyMacEsq :

You could file a separate lawsuit against him in NM, but that might be challenged due to "jurisdiction" if he has no connection to NM (other than you).

ScottyMacEsq :

That is, NM would not have jurisdiction over him if he does not have at least "minimum contacts" with the state, and that is something that would prevent a successful lawsuit against him,.

ScottyMacEsq :

Forum laws would dictate that you would need to bring an original lawsuit in the county of his residence, or you could pursue contempt in the county that entered the divorce decree.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Yes, that does help. Thank you. I will contact an attorney in Williamson County to help me with this matter.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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