• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

civil contempt

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JJonnyb

Junior Member
What is the name of your state? New Jersey
I Live in New Jersey and am getting divorced, I was ordered by the family courts to continue paying the mortgage on the house 5 months ago, with the market so down there have been no offers. my question is, If i stop paying the mortgage and move across the country and a civil contempt suit or charge is brought against me for doing so, how far reaching is that? can I be picked up for something 900 miles away and be brought back to New jersey to face the charges? Or if a warrent is issued for my arrest in New jersey will I be brought back there if living in another state? :confused:
 


Rexlan

Senior Member
The system would not be worth much if it was as simple as just moving to avoid responsibility would it? Obviously this isn't a solution.
 

JETX

Senior Member
I Live in New Jersey and am getting divorced, I was ordered by the family courts to continue paying the mortgage on the house 5 months ago, with the market so down there have been no offers. my question is, If i stop paying the mortgage and move across the country and a civil contempt suit or charge is brought against me for doing so, how far reaching is that? can I be picked up for something 900 miles away and be brought back to New jersey to face the charges? Or if a warrent is issued for my arrest in New jersey will I be brought back there if living in another state? :confused:
Here is what I would predict happening:

1) Someone (ex-spouse), will have to pay the mortgage on your behalf. That person will file a lawsuit against you for your breach. They will get a judgment for their damages (due to your breach). Then they will pursue you. This could include subpoena's, orders to appear, etc. If you don't appear, the court could eventually issue a contempt order and issue a warrant.

2) Another path to the same outcome (warrant) but faster would be for your ex-spouse to file a motion to show cause with the family court. You fail to show. Family court issues a bench warrant for contempt.

If that warrant gets into the NCIC system (possible), then anytime you are stopped by the police (traffic, etc.) the warrant will show up and you could be detained, car impounded, legal fees, etc. Net result.... you will be right back where you are now.... except poorer by several thousand dollars.
 

JJonnyb

Junior Member
civil contemt

yea wow what would the system be if you could just pick up and move out of state? well the system would still be as corrupt as it is now for certain and i think it would still be just as big of a cash cow that it is already. my fault was trying to get a question answered on an advice website. there was or is noway you can convey all the details here. my apolagize.
 

Rexlan

Senior Member
yea wow what would the system be if you could just pick up and move out of state? well the system would still be as corrupt as it is now for certain and i think it would still be just as big of a cash cow that it is already. my fault was trying to get a question answered on an advice website. there was or is noway you can convey all the details here. my apolagize.
No problem ... just don't let it happed again!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top