Card debts cannot be included on the debit balance certificate

Justice confirmed that card debts cannot be included in the debit balance certificate. Doing so violates the general order of the card law

11/17/2025 – 8:08 pm

A recent ruling by the Court of Appeal for Civil, Commercial, Labor and Mining Affairs in Neuquén decided that Banking entities They do not have the ability to merge Credit card debt on debit balance certificate Current account in order to implement it directly.

This judicial decision, arising from the Banco Credicoop v. Cobian case, sets an important precedent for the protection of financial consumers in Argentina.

According to the Microjuris report, the judicial decision is based on the fact that allowing this practice “would violate the protective public order provided by the Credit Card Law.” The Chamber rejected the executive trial initiated by the banking authority, noting that the ban applies even if the current account is “working” and not just an account opened exclusively for a credit card.

Consumer protection: why the ruling matters

The judges explained that Credit Card Law (LTC) It has the character of a general system, generating a Consumer protection system.

This legal framework is protected by the national constitution and consumer protection law, and would be repealed if the enforcement path sought by the bank is allowed. The ruling, as Microjuris highlights, highlights the fundamental differences that protect the debtor.

The main differences between card and checking account debt

The differences between both types of debt are significant. with regard to intereststhe Credit Card Act prohibits this capitalization (interest on interest) and sets maximum limits on penalties. On the contrary, the current account allows for capitalization.

regarding prescription, The duration of the enforcement action under the LTC is one year, while the action on the current account balance extends to five years.

Finally, regarding defensethe process set forth in the Credit Card Act enables discussion of the “cause” of the debt.

The Chamber also rejected the bank’s request to partially implement the debt, with the exception of the card component. The judges considered the title completely invalid, because it is impossible to determine the “clean” balance of the current account. This is because the bank has already settled the interest with capitalization on an amount that includes the corresponding debts of the card.

The precedent establishes that specific credit card regulations prevail, providing a more robust protection barrier for users against potential claims from financial entities.

the Credit card debts cannot be quickly discharged from checking account balancesAnd preserving consumer rights.