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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33798
Experience:  Attorney with 15 years experience in various consumer protection areas
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Is getting a judgment on a credit card I defaulted on

Customer Question

Is getting a judgment on a credit card I defaulted on considered a breach of trust misdemeanor in the state of texas?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did you charge up the card with fraudulent intent to default intentionally on the debt?

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Or did you get in a financial bind and get overwhelmed and couldn't make the payments?

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Are you applying to some agency and they are asking if you have ever been convicted of a breach of trust offense?

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thanks

Barrister

Customer: replied 10 months ago.
If expenses got overwhelming and i defaulted, and enrolled into a debt settlement program? Currently the debt has been settled, but i was sued on the balances and we signed an agreement where i would take a judgment and pay it back through the program. Now every month i make the payments into the debt settlement program, and the program pays the judgment. But still there is a judgment on my record. is that a breach of trust misdemeanor in the state of texas? Let me know when you can. Thank you.
Customer: replied 10 months ago.
I am applying to agency and they are asking if I ever committed a felony or breach of trust misdemeanors.
Expert:  Barrister replied 10 months ago.

Ok, then no, that is not a breach of trust offense. If there was no intent to defraud, then there is no crime. Further, if you were never formally charged by the District Attorney and pled or were found guilty, then this is not any type of criminal offense.

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It was just a civil case for money, not a criminal misdemeanor.

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So you can safely say"no" to their question assuming you don't have any criminal felony offenses.

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Thanks

Barrister