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If you obtained your credit card legally and with your own personal information then no, failure to pay is not a crime. The credit card company took a risk in lending you the money and chose to give it to you. Your failure to repay them is a civil matter not a criminal one and at most they could do is sue you to garnish wages or property in an attempt to recover the money. In most cases it will not even go that far, it will simply get reported on your credit score and make it harder to obtain another credit card until this one is paid back.

There would need to be additional behavior to make it a felony. If you deliberately falsified information to fraudulently obtain a credit card and than defaulted on its payments or if you stole someone's identity and than failed to pay it off than this would be theft during the commission of another crime. This could result in criminal charges for fraud, identity theft and felony theft.

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Q: If you couldn't pay your credit card card debt is it a felony?
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