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Attorney 1
Attorney 1, Attorney
Category: Consumer Protection Law
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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 a breach of trusts misdemeanor? 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 judgment considered a breach of trust misdemeanor in the state of texas? Let me know when you can. Thank you.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Attorney 1 replied 10 months ago.

Hello, and welcome. I'm a licensed attorney and happy to assist.

The crime of breach of trust requires dishonesty and fraud, which is completely different than being unable to pay a debt. Therefore, a civil credit card judgement does not, in an of itself, put you at risk of law enforcement action. Many people make charge purchases that they are later unable to pay, and end up with a judgment against them, but there is no criminal intent or culpability. This is true even (and especially) if you entered into an agreement for judgment and a payment plan, because this shows your good intent, even if you are ultimately unable to comply with the terms of the agreement. The bot***** *****ne is, under the circumstances you have described, I do not see the basis for any criminal charges. Unless you deliberately set out to defraud the credit card company, and they can prove that beyond a reasonable doubt (does not sound like that would be a reasonable possibility) there is no crime triggered by these circumstances.

I hope this helps. If you need additional information or clarification, just let me know. I'm here to help. If I have addressed your concerns, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 10 months ago.

Please let me know if there's anything else I can do for you. If I have assessed your issue, please remember to leave a positive rating when prompted, as that is the only way I will be credited with providing this assistance to you.

Best,

Attorney 1