Legal Question in Credit and Debt Law in Pennsylvania

can a credit card company cahrge me with theft by deception? Exxon Mobil was charging me theft by deception. Can this cause me jail time in Pa.


Asked on 3/26/12, 3:33 pm

1 Answer from Attorneys

If you committed a crime, then yes they can charge you with theft. As to whether you will get jail time, it depends on what you are ultimately convicted of and whether you have a prior crimina record.

If this is your legitimate debt and you just can't pay your debt, then there is no criminal action. Its not theft if you applied for credit and then you lost your job or had some other reason that you could not pay. You did not intend to steal or deprive them of their property. Such matters are civil matters not criminal.

It sounds like you have been threatened by either a naive underling at Exxon Mobil or a debt collector to get you to pay. in either case, the threats are illegal and a violation of PA law if there is no criminality and you should not be talking to debt collectors or original creditors anyway.

Rather than the question you asked, the more important questions are what you want to do about this debt? Is it your debt? Do you have funds to resolve it? How delinquent are you? What other debts do you have? Does it make sense to file bankruptcy? Do nothing? Try to resolve the debt in a non-bankruptcy context?

If you are financially responsible for this debt and you are interested in resolving the debt in a non-bankruptcy non-litigation context, please contact me. I give free email consults, charge $50 for a 30 minute phone consult and can resolve debts for a reasonable fee if you have the means to do so. i can assit with asset protection, debt resolution strategies and harassment by a creditor or debt collector. Please contact me at [email protected] if interested.

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Answered on 3/27/12, 2:39 pm


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