What To Do If Threatened with Arrest Due to Unsettled Credit Card Debt?
Q: I received a letter from a legal department that threatens arrest due to unpaid credit card debt. What should I do?
A: It is important to note that in the Philippines, no one can be imprisoned solely on the ground of debt, including credit card debts, as this would violate the non-imprisonment for debt principle enshrined in the Philippine Constitution.
However, credit card companies can file a civil case against you to compel you to pay your outstanding debt. They may also file a criminal case against you if there is fraud involved, which is different from simple non-payment.
Upon receiving such a letter, it is advised to do the following:
Verify the legitimacy of the letter.
Review your outstanding debt and payment history.
Communicate with your credit card company to discuss possible payment arrangements.
If necessary, consult with a lawyer to assist you in negotiating with the credit card company and to represent you if a case is filed in court.
Remember to always keep records of your communications and agreements with the credit card company.