Legal Question in Family Law in New Mexico

I was awarded car in a divorce hearing based on merits. Husband did not show up to court. Judge awarded car to me. Husband is in hiding due to criminal charges against him ad has the car. The police stated I cannot report car stolen/embezzled because he has not been served divorce decree. He can't be served because he is hiding. I have an $18k loan i cannot afford to pay plus insurance. What can I do. This is in New Mexico.

Asked on 1/11/18, 4:36 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

The police do not have ability to prevent you from making a police report. You have financial and legal responsibilities to maintain and reporting a stolen car is probably also required under your insurance policy and liability. Talk to your insurance agent and that person what is going on. If the police continue to cause you problems ask to speak to the Police Chief. If that person gives you a hard time go to the Mayor. As to the police station do not try to explain what you are doing (or how you got into these circumstances) just get the paperwork and write up the report. You can attach information to the report, such as a copy of the registration or title so they have all the identifying information. [The fact that you have responsibility for this car as incident to a divorce is not material to the fact that someone has your car; you know who had it last but you do not know who has it now. In most peoples' book that qualifies as stolen]. After you are done writing the report (a) make a copy [you can use CAMSCAN - free app to make a pdf copy of the report] and (b) hand it in to the person at the front desk. A crime has occurred and you have the right to report the crime. In fact, the only place you can report the crime is at the police station.

Good Luck.

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Answered on 1/12/18, 7:04 am

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