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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. Even though not paying your credit card will not result in criminal charges, you can be charged with a criminal offence in certain circumstances for not paying your bills. For instance, if you were to dine out at a restaurant and skip out on your bill, you could potentially be charged with the criminal offence of theft.
When you do not pay your credit card bill, the first step is that the card company will inform the credit bureaus of your default. As a result, your credit rating will be reduced, and this record will be on your credit record for the next six years, negatively affecting your ability to get credit in the future.
Following this, it is possible for your credit card interest rate to increase from 7% to 18% or even more. As things progress, the card will eventually be put on hold, which means you will be prohibited from using it until it's paid off.
In some cases, the credit card company may exercise its right to seize money in your bank accounts to put towards your outstanding credit card bill. After a period of time, if the situation has not improved, your credit card company will turn your account over to a collections agency.
Section 322 of The Criminal Code provides a detailed definition of theft. According to it, a person commits theft when they fraudulently and without right take or convert anything to their use or the use of another person, regardless of whether the thing is animate or inanimate. The key intent is to deprive, either temporarily or, the owner of it, or a person who has a special property or interest in it, of the thing or their property or interest in it.
The act of theft can also be constituted when a person pledges or deposits the thing as security. Furthermore, parting with it under a condition concerning its return, whereby the person who parts with it may be unable to perform, is considered theft too. Finally, dealing with the thing in a manner that can't be restored to the condition it was at the time of taking or conversion is also categorized as theft.
According to the Times When Theft is Completed note detailed in the article, a person commits theft not just at the moment of unlawfully taking something. It also includes scenarios where one, intending to steal something, causes it to move or begins to cause it to become movable.
As the Secrecy note detailed in the article explains, the taking or conversion of anything can be considered fraudulent, regardless of whether it is done openly or covertly. There is no requirement for secrecy or an attempt at concealment for an act to be qualified as fraudulent.
The Purpose of Taking note in the article states that for the purposes of this act, the question of 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 considered immaterial.
The Wild Living Creature note in the document shares that for the purposes of this section, any person who has a wild living creature in captivity is considered to have a special property or interest in it. This applies both while the creature is in captivity and even after it has escaped from captivity.
If you find yourself being charged with theft or any other criminal offence, it's advised to contact Kostman and Pyzer, Barristers. They offer a free consultation to understand your situation and provide appropriate legal advice.
