Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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.
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