Is it a Crime Not to Pay Your Credit Card Bills?

• Not paying your credit card bill is not a criminal offence.
• While there are serious financial consequences of not paying your credit card bill you will not be charged with a criminal offence.

What Happens When You do Not Pay Your Credit Card Bill:

Section 322 of The Criminal Code

• 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
  • (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
  • (b) to pledge it or deposit it as security;
  • (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
  • (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

• Marginal note:Time when theft completed

  (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

• Marginal note:Secrecy

  (3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

• Marginal note:Purpose of taking

  (4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

• Marginal note:Wild living creature

  (5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

• If you have been charged with theft or any other criminal offence contact Kostman and Pyzer, Barristers today for your free consultation!