Actually, it is prosecutors who file charges. Because this situation flows out of a divorce, my suggestion is that you first arrange a brief visit with a family lawyer who also does some criminal law to see if you are on solid ground based on all the facts and circumstances. That lawyer can advise you better on whether to go to the police.
While anyone who is a crime victim can call the police, I am not fully informed about this situation, so I am not going to even guess about whether what you describe was a crime under all the circumstances.
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This sounds more like a civil matter. I would send her a certified letter demanding repayment and informing her you'll be filing a lawsuit for the payment if she doesn't make it within thirty days. You can probably file this case yourself in a JP court.
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It is appropriate for you to contact your local police department and male a report. If they are unwilling to act, you can attempt to file a private criminal complaint . Good luck.
It is the Harris County District Attorney's office that actually makes the decision to file criminal charges in Houston. Basically, you will report the crime to the police, they will do a police report and contact the intake division at the District Attorney's office to see if they will accept charges. I can't think of a criminal charge out of the fact pattern you provided though. In this case the first thing you will want to do is look at the divorce decree/order to see if it addresses this issue. Consult a family law attorney of you have any additional questions. The insurance company is most likely coming after you because your name was still on the insurance policy. Collectors will always go after the signatory first. Hopefully, there is something in the divorce decree and the record of the payments made that can be used to support your claim. You may have to proceed to civil court, most likely small claims if the claim is under $10, 000.00, to bring a suit against your ex-wife. Or if you are sued by the collection agency, you may have to sue your ex-wife as a third party as part of your defense strategy.
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