Is Credit Card Debt Enforceable?
- A secured loan, like a mortgage or a car loan, is backed by some form of collateral, such as a car or house, but an unsecured loan (often also called a signature loan or consumer loan) is only backed by the reputation and credit rating of the borrower. Credit cards are the most common type of unsecured loans.
- Just because credit card debt is unsecured does not mean it is not a valid debt. Credit card debt is a valid and legally enforceable contractual obligation. However, in some states, there is no legal recourse other than reporting the nonpayment to the credit bureaus, as even if you get a judgment for the unpaid debt, you cannot garnish wages or seize real property or funds from a bank account for unsecured personal debt -- like you can for back child support, tax debt, student loans and certain other types of debt.
- In some states, it is legally possible for credit card companies to get a judgment for defaulted credit card accounts, and the judgment is enforceable with garnishment or seizure, but they rarely do this due to the expenses and the fact that most of the time the individuals involved have few to no assets to seize, making the whole process a waste of time and money.
- In most countries, including the U.S. and U.K., credit card companies are required to fully disclose all fees and interest charges on consumer accounts. However, there have been cases in which credit card companies intentionally hid various charges from their account holders, and courts have generally ruled that accounts in which hidden fees were charged were not enforceable debt -- i.e., the account holder did not have to pay.
Secured Loans Vs. Unsecured Loans
Credit Card Debt is Valid, Legally Enforceable Debt
Getting a Legal Judgment Against a Debtor for the Amount Owed
Other Legal Issues Including Full Disclosure
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