Legal Question in Criminal Law in Georgia

Credit Card

I had a company credit card in my name with the company's name below. We were allowed to make personal purchases and it would be taken out of our checks. The company closed it's doors here in Georgia. Later I received a letter stating that if I didn't make resitution for the outstanding balance they would contact local law enforcement and have me arrested. What do I do and can I go to jail?


Asked on 1/30/03, 11:50 pm

1 Answer from Attorneys

Deric Beaudoin Mabry & McClelland, LLP

Re: Credit Card

it is generally unconstitutional to imprison a person for their debts. there are only a couple of exceptions to that long standing rule and your case is not one of them. if a collection agent is threatening you with jail if you don't pay a debt (which is very common) they are in vilation of federal debt collection practices and they may be subject to serious penalties for making such threats. if it was a bonafide company card and you made bona fide pruchases which would normally be reimburseable than you are not responsible for the purchases. of course now if you went on a shopping spree knowing that the company was going under, then you may be liable because you made the purchases with malicious intent to defraud a creditor. like always your situation depends on all of the facts and circumstances of your particular case. if you want more detailed info call and attorney or call me and give more detailed info for a better opinion of what you may be facing. 404-325-4800.

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Answered on 1/31/03, 9:15 am


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